
aass_jLi]X4iI 
Book -AS ' 



rRICIILTURE 



OFFICE OF THE SOLICITOR^ 
©EO. P. McCABE, SoHdtof.. 



HE NATIONAL FOREST MANUAL 

GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND 

OPINIONS APPLICABLE TO THE CREATION, 

ADMINISTRATION, AND PROTECTION 

OP NATIONAL FORESTS; 



PREPARED FOR THE USE OF OFFICERS AND EMPLOYEES 
OF THE DEPARTMENT OF AQRICULHURE. 




WAfiHTNaTON: 
©•VERNMENT PRINTDCa OFFICE. 

JO! 3. 



Issued February 13, 1913. 



U. S. DEPARTMENT OF AGRICULTURE, 

OFFICE OF THE SOLICITOR. 
GEO. P. McCABE, Solicitor. 



THE NATIONAL FOREST MANUAL 



GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND 

OPINIONS APPLICABLE TO THE CREATION, 

ADMINISTRATION, AND PROTECTION 

OF NATIONAL FORESTS. 






PREPARED FOR THE USE OF OFFICERS AND EMPLOYEES 
OF THE DEPARTMENT OF AGRICULTURE. 




WASHINGTON: 

GOVERNMENT PRINTING OFFICE 

1913. 









LETTEE OF TRAISTSMITTAL. 



U. S. Department of Agriculture, 

Office of the Solicitor, 
Washington, D. C, November 8, 1912. 
Sir : I have the honor to transmit herewith, and to recommend for 
pubUcation, a compilation of laws and parts of laws of a general 
nature affecting the administration and protection of the National 
Forests, with citations to acts of special or local application, and 
references to the more important decisions of the courts, the Interior 
Department, the Attorney General, the Comptroller of the Treasury, 
and the Solicitor of the Department of Agriculture. This compilation 
was requested by the Forester, and under my direction was compiled 
by Mr. W. W. Dyar, with the aid of other assistants to the Solicitor, 
ail under the supervision of Mr. R. W. Williams, in charge of the 
Forest Service section of this office. 
Respectfully, 

Geo. p. McCabe, 

Solicitor. 
Hon. James Wilson, 

Secretary of Agriculture. 
2 

D. CF D. 
FEB 19 1913 



-? 



CONTENTS. 

Page. 
Establishment of National Forests and general powers of administration (national 

monuments and game refuges) 5 

Legislation affecting particular National Forests 9 

Uniform rules and regulations 13 

Operation 14 

Personnel 14 

Buildings and property 16 

Decisions affecting the work of "operation " 17 

Arrests — Carrying concealed weapons 18 

Lands 18 

Claims procedure 18 

Instructions of January 19, 1911 (39 L. D., 458), to special agents and 

registers and receivers 18 

Final proof notices, etc. — Copies to forest officers 19 

Filing of township plats — Notices to forest officers 19 

Joint cii-cularof November 25, 1910 (39 L. D., 374), relating to pro- 
cedure in claims cases affecting the National Forests 20 

Homestead laws 21 

Basic provisions of the homestead l#ws most generally affecting Forest 

Service work 21 

United States Revised Statutes 21 

Special provisions in favor of soldiers and sailors 24 

Three-year homestead law 24 

Limitation to 320 acres under all land laws, excepting mineral laws. . . 26 

Free homesteads on certain Indian lands opened to settlement 26 

Additional homestead entries 26 

Enlarged homesteads in certain States 27 

Contests and cancellation of claim — Preference right 27 

Commutation provisions 27 

Homestead by married women 27 

Settlers who become insane 27 

Leaves of absence 27 

Final proof notices _ 27 

Distinction between offered and unoffered lands abolished 27 

Relinquishments 27 

General provisions of the homestead laws, extended to certain lands in 

the Yellowstone (now Shoshone) National Forest, etc 27 

Homesteads in former Siletz Indian Reservation 27 

Homestead laws extended to Alaska, with modifications, etc 27 

Lands in the Black Hills Forest Reservation, settled upon and im- 
proved before September 19, 1898, may be entered under the home- 
stead laws, etc 27 

Decisions imder the homestead laws 27 

Agricultural lands in National Forests 30 

Decisions relating to the listing of agricultiu-al lands for entry — Act 

June 11, 1906 (34 Stat., 233) 32 

Mining laws 33 

Basic provisions of the mining laws most generally affecting Forest- 
Service work 33 

United States Revised Statutes S3 

Other provisions of the mining laws 37 

Mining laws in Alaska 37 

Decisions under the mining laws 37 

Mineral springs and lands adjacent 41 

Decisions relating to mineral springs "1 41 

Coal-land laws 42 

Basic provisions 42 

United States Re\dsed Statutes 42 

Surface patents on ^ood-faith entries of coal lands 43 

Agricultural entry for surface of lands classified or withdrawn as coal 

lands. (Not applicable to Alaska.) 43 

Coal-land laws extended to Alaska 43 

Amendments to coal-land laws in Alaska 43 

3 



4 CONTENTS. 

Lands — Continued. Page. 
Coal-land laws — Continued. 

Decisions under the coal-land laws 43 

Coal lands 43 

Timber and stone laws 43 

Limitation to 320 acres under all land laws excepting mineral laws 45 

Decisions under the timber and stone laws 45 

Desert-land laws 46 

Limitations and restrictions — Extension of time 48 

Second desert-land entries 49 

Limitation to 320 acres under all land laws, excepting mineral-land laws . 49 
Secretary of Interior authorized to grant further time for making final 

proof 49 

Decisions under the desert-land laws 49 

School lands 49 

Decisions as to school lands in National Forests 49 

Lieu selections 50 

Railroad grant lands 50 

Right of way laws 51 

Highways and railroads 51 

United States Revised Statutes 51 

Rights of way for water for irrigation and power development 52 

United States Revised Statutes ^ 52 

Rights of way in Alaska — Railroads, tram roads, and wagon roads 55 

Decisions relating to rights of way 55 

Indian allotments in National Forests 58 

Town sites 58 

Administrative sites 58 

Special use permit 59 

Timber and stone for United States reclamation works 59 

Silviculture 59 

Timber sales 59 

Decisions appUcable to timber-sale contracts 61 

Grazing 62 

Decisions applicable to graziug 63 

Trespasses 63 

Timber trespasses 63 

Criminal code of March 4, 1909 (36 Stat., 1088, 1098) 63 

Fii'e trespasses 65 

Criminal code of March 4, 1909 (36 Stat., 1088, 1098, and 1099) 65 

Unlawful fencing 65 

Miscellaneous trespasses and other offenses against the United States 67 

Criminal code of March 4. 1909 67 

Procedure 68 

United States Revised Statutes 69 

Decisions relating to trespasses 69 

Cutting of timber 69 

In general 69 

From public mineral lands 69 

From homestead claims 70 

From mining claims 70 

From railroad lands t- 70 

From lieu selection 71 

Damage — Innocent and willful trespasses 71 

Fire trespasses 71 

Grazing trespasses _- 72 

IMiscellaneous trespasses and other offenses against the United States. 75 

Fiscal management and appropriations 75 

United States Revised Statutes 77 

Decisions relating to fiscal management, appropriations, and refunds 79 

In general 79 

General expenses 80 

Improvements 80 

Fire-fighting fund 80 

Reforestation 81 

Supplies 81 

Refunds , 81 

Index 83 



GENERAL LAWS, PARTS OF LAWS, DECISIONS, AND 
OPINIONS APPLICABLE TO THE CREATION, AD- 
MINISTRATION, AND PROTECTION OF NATIONAL 
FORESTS. 

ESTABLISHMENT OF NATIONAL FORESTS AND GENERAL 
POWERS OF ADMINISTRATION (NATIONAL MONUMENTS 
AND GAME REFUGES.) 

Act of March 3, 1891 (2G Stat. 1095), to repeal timber-culture laws, and for other purposes. 

[1103] Sec. 24. That the President of the United States may, from Creation of Na- 
time to time, set apait and reserve, in any State or Territory having "°"^' Forests. 
public land bearing forests, in any part of the public lands wholly or in 
part covered with timber or undergrowth, whether of commercial value 
or not, as public reservations, and the President shall, by public 
proclamation, declare the establishment of such reservations and the 
limits thereof.^ 

Agricultural appropriation act of March 4, 1907 (34 Stat. 125(j). 

112691 * * * Forest reserves * * * shall be known hereafter Designation of 
as National Forests * * * forest reserves. 

Sundry ci^^l appropriation act of June 4, 1897 (30 Stat., 11). 

[34] * * * To remove any doubt which may exist pertaining to President em- 
the authority of the President thereunto [in regard to the National yoke^'modify, ot 
Forests], the President of the United States is hereby authorized and suspend Execu- 
empowered to revoke, modify, or suspend any and all such Executive tive orders or 
orders and proclamations, or any part thereof, from time to time as he Pi'ociamations. 
shall deem best for the public interests: * * * 

[36] The President is hereby authorized at any time to modify any President may 
Executive order that has been or may hereafter be made establishing any ^j^g l^d^, et(f.°' 
forest reserve, and by any such modification may reduce the area or 
change the boundary lines of such reserve, or may vacate altogether 
any order creating such reserve. 

Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). 
[1271] Hereafter no forest reserve shall be created, nor shall any No new forests 
additions be made to one heretofore created within the limits of the certa^in'^Stetes. '° 
States of Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, 
except by act of Congress. (California added by act of Aug. 24, 1912, 
p. 9, post.) 

Act of February 1, 1905 (33 Stat., 628), providing for the transfer of forest reserves from 
the Department of the Interior to the Department of Agriculture. 

The Secretary of the Department of Agricultiu-e shall, imm and after Transfer of Na- 
the passage of this act, execute or cause to be executed all laws affecting care'^of Secretary 
public lands heretofore or hereafter reserved under the provisions of of Agriculture, 
section twenty-four of the act entitled "An act to repeal the timber- 26 Stat., 1095. 

1 The public lands are held in trust for the whole people, not for the people of the 
States within wliich they are located. The Government has in its lands all the rights 
of an individual proprietor to maintain its possession and prosecute trespassers. It 
may deal with them as an individual may deal with his lands. It may sell or withhold 
them from sale or settlement. It may absolutely prohibit or fix the terms on which 
they may be used. The constitutional declaration that " Congress shall have power to 
dispose of and make all needful rules and regulations respecting the territory or the 
property belonging to the United States" (Art. IV, sec. 3), places in Congress authority 
and discretion to exercise the above rights and powers; and Congress may therefore 
reserve or authorize the President to reserve public lands as National Forests with- 
out the consent of the State within whose borders tliey lie. (Light v. United States, 
220 U. S., 623, and cases therein cited.) 

5 



6 NATIONAL FOREST MANUAL LAWS. 

culture laws, and for other purposes," approved March third, eighteen 
hundred and ninety-one, and acts supplemental to and amendatory 
thereof, after such lands have been so reserved, excepting such laws as 
affect the sm'veying, prospecting, locating, appropriating, entering, 
relinquishing, reconveying, certifying, or patenting of any of such lands. 

Sundry civil appropriation act of June 4, 1897 (30 Stat., 11). 

[34] All public lands heretofore designated and reserved by the 
President of the United States under the provisions of the act approved 

26 Stat., 1095. March third, eighteen hundred and ninety-one, the orders ff)r which 
shall be and remain in full force and effect, unsuspended and unrevoked, 
and all public lands that may hereafter be set aside and reserved as 
public forest reserves under said act, shall be as far as practicable 
controlled and administered in accordance with the following pro- 
visions: 
No public forest reservation shall be established, except to improve 

Purposes of Na- and protect (he forest within the reservation, or for the purpose of 
tional lorcsi-s. securing favorable ct)nditions of water flows, and to furnish a con- 
tinuous supply of timber for the use and necessities of citizens of the 
United States; but it is not the purpose or intent of these provisions, or 
of the act providing for such reservations, to authoi-ize the inclusion 
therein of lands more valuable for the mineral therein, or for agricul- 
tural purposes, than for forest piu-poses.' 

Fire protection. The Secretary of the Interior shall make provisions for the protection 
against destruction by fire and depredations upon the public forests 
and forest reser\'ations which may have been set aside or which may be 
hereafter set aside under the said act of March third, eighteen hundred 

Secretary (of and ninety-one, and which may be continued; and he may make such 

nia^o rules "nd ^^il^s and regulations and establish such ser^•ice as will insure the objects 

regulations. ' of such reservations, namely, to legulate their occupancy and use and 

to preserve the farests thereon from destruction; ^ and any violation of 

Penalty. the provisions of this act or such rules and regulations shall be punished 

25 Stat., 166. as is provided for in the act of June fourth, eighteen hundred and eighty- 

R.S., sec. 5388. eight, amending section fifty-thiee hundred and eighty-eight of the 
Revised Statutes of the United States.^ 

Timber jna.j p"or the purpose of preserving the living and growing timber and 
sold.^^"^'' ° promoting the younger growth on forest reservations, the Secretary 
of the Interior, under such rules and regulations as he shall prescribe, 
may cause to be designated and appraised so much of the dead, matured, 
or large gi'o-wth of trees found upon such forest reser\'ations as may be 
compatible with the utilization of the forests thereon, and may" sell 
the same for not less than the a])praised "\alue in such cjuantities to 

Timber must each piu'chaser as he shall prescribe, to be used in the State or Terri- 
eu.se m tate. ^^^.^ ^j^ which such timber reservation may be situated, respectively, 
but not for export therefrom.* 

• Not withstanding this laneuajro, mineral lands (at least if not located as such at the 
time of withdrawal) become a part of the National Forest; an<l their subsequeut location 
does not (prior to patent) withdraw or exclude them therefrom. (United States v. 
Rizzinelli, 182 Fed., 075.) 

Under a forestry proclamation declaring " that the withdrawal made by this proclama- 
tion shall, as to all lands at this tune legally appropriated * * * be subject to and 
shall not interfere with or defeat legal rights under such appropriation * * * so 
long as such appropriation is maintained," a mining location existing at the date of the 
proclamation becomes a part of the National Forest subject only to the rights of the 
owniM- thereof under the mineral laws. (2 Sol. Op., 763; id., 865.) 

Lands covered by railroad and ditch rights-of-way at the time of withdrawal become 
part of the National Forests stibject to such rights-of-way. (2 Sol. Op., 790; id., 728.) 

If agricultural lands are improvidently included in a forest reservation they can be 
eliminated only by proclamation of the President or by act of Congress. (E. S.Gosney, 
29 L. P., 593, 30 L. D., 44; decided before the passage of act of June 11, 1906.) 

" Authority to regulate occupancy and use includes aulhorily to forbid either or both, 
and to pL'rniit the same upon terms and conditions, including payment of charges, 
especially where the statutes jwovide for the disposition of the moiieys received. (22 
Op. .Uty. Gen., 266; 25 id., 470; 26 id., 421; United States v. Orimaud, 220 U. S., 500.) 

•'Congress itself having provided criminal penalties for violation of the regulations, 
the act is not unconstitutional as an at tempt to delegate legislative powers. (United 
States V. Orimaud, 220 U. S., 506: Light v. United States, 220 V. S., 523.) 

■• By act of Mar. 4, 1907, p. 60, post, the Secretary of .\griculture is given authority 
to permit export of timber except from the Black Hills National Forest in South 
Dakota. 



NATIONAL FOREST MANUAL LAWS. 7 

[Before such sale shall take place, notice thereof shall be given Timber to be 
* * * for not less than thirty days, by publication in one or more s 'id only after 
newspapers of general circulation, as he may deem necessary, in the °" '^''^''tisement. 
State or Territory where such reservation exists: Provided, however, Emergency 
That in cases of unusual emergency the Secretary of the Interior ^^'®^- 
may, in the exercise of his discretion, permit the purchase of timber 
and cord wood in advance of advertisement of sale at rates of value 
approved by him and subject to payment of the full amount of the 
highest bid resulting from the usual advertisement of sale: Provided Sales of timber 
further, That he may, in his discretion, sell without advertisement, in yaiue? ^ 
quantities to suit applicants, at a fair appraisement, timber and cord 
wood not exceeding in value one hundred dollars stumpage: And pro- Private sales 
vided further, That in cases in which advertisement is had and no where Wd i™un- 
satisfactory bid is received, or in cases in which the bidder fails to satisfactory, 
complete the purchase, the timber may be sold, without further • 
advertisement, at private sale, in the discretion of the Secretary of the 
Interior, at not less than the appraised valuation, in quantities to suit 
purchasers:] * * * Such timber before being sold, shall be marked Timber to be 
and designated, and shall be cut and removed under the supervision euf mfder supe^ 
of some person appointed for that purpose by the Secretary of the vision. 
Interior, not interested in the purchase or removal of such timber nor 
in the employment of the purchaser thereof. Such supervisor shall 
make report in writing * * * of his doings in the premises. 

(The matter in brackets in the above section is taken bodily from the act of June 6, 
1900 (31 Stat., 661), and, since the passage of the agricultural appropriation act of June 
30,1906 (34 Stat., 669), is the timber sale law for all National Forests, except as modified 
by the act of Feb. 1, 1905 (33 Stat., 628), transferring the jurisdiction of the National 
Forests to the Secretary of Agriculture.) 

The Secretary of the Interior may permit, under regulations to be Free use of tim- 
prescribed by him, the use of timber and stone found upon such reser- ^cr and stone, 
vations, free of charge, by bona fide settlers, miners, residents, and 
prospectors for minerals, for firewood, fencing, buildings, mining, 
prospecting, and other domestic purposes, as may be needed by such 
persons for such purposes; such timber to be used within the State or 
Territory, respectively, where such reservations may be located . 

[36] Nothing herein shall be construed as prohibiting the egress or Ingress and 
ingress of actual settlers residing within the boundaries of such reser- egress of settlers, 
vations, or fi'om crossing the same to and from their property or homes; 
and such wagon roads and other improvements may be constructed 
thereon as may be necessary to reach their homes and to utilize their 
property under such rules and regulations as may be prescribed by the 
Secretary of the Interior. Nor shall anything herein prohibit any 
person from entering upon such forest reservations for all proper and 
lawful purposes, 1 including that of prospecting, locating, and develop- Prospecting, 
ing the mineral resources thereof: Provided, That such persons comply 
with the rules and regulations covering such forest reservations. 

(The paragraphs in this act providing for lieu selection were repealed by the act of 
Mar. 3, 1905, 33 Stat., 1264.) 

The settlers residing within the exterior boundaries of such forest Schools and 
reservations, or in the vicinity thereof, may maintain schools and \^^^\ forests. " 
churches within such reservation, and for that purpose may occupy 
any part of the said forest reservation, not exceeding two acres for each 
schoolhouse and one acre for a church. 

The jurisdiction, both civil and criminal, over persons within such State jurisdic- 
reservations shall not be affected or changed by reason of the existence 
of such reservations, except so far as the punishment of offenses against 
the United States therein is concerned; the intent and meaning of this 
provision being that the State wherein any such reservation is situated 

1 While it is no doubt within the power of Congress to prevent intrusion upon the 
National Forests for the purposes of taking fish and game, yet in view of the long-estab- 
lished policy by which tlie public domain has been opened for these purposes, it can not 
be held that the general powers conferred upon the Secretary of Agriculture by the 
forest administrative act of June 4, 1897, or any other legislation empowers htm to pro- 
hibit or to make regulations in relation to the taking of fish and game on the National 
Forests. (23 Op. Atty. Gen., 589: 1 Sol. Op., 78 and 174.) 

The fish and game laws of the States and Territories are applicable to National Forest 
lands and to persons other than Indians on Indian reservations but not to Indians upon 
their reservations. (1 Sol. Op., 201.) 



8 NATIONAL FOREST MANUAL LAWS. 

shall not, by reason of the establishment thereof, lose its jurisdiction, 
nor the inhabitants thereof their rights and pri\dleges as citizens, or be 
absolved from their duties as citizens of the State. 

Waters. All waters on such reservations may be used for domestic, mining, 

milling, or irrigation purposes, under the laws of the State wherein 
such forest reservations are situated, or under the laws of the United 
States and the rules and regulations established thereunder.* 

Restoration of Upon the recommendation of the Secretary of the Interior, with the 
topubliccfomain^ approval of the President, after sixty days' notice thereof, published 
" in two papers of general circulation in the State or Territory wherein 
any forest reservation is situated, and near the said reservation, any 
public lands embraced within the limits of any forest reservation 
which, after due examination by personal inspection of a competent 
person appointed for that purpose by the Secretary of the Interior, 
shall be found better adapted for mining or for agricultiu-al purposes 
than for forest usage, may be restored to the public domain. And 

Mineral lands any mineral lands in any forest reservation which have been or which 
audentry °'^'^^°" may be shown to be such, and subject to entry under the existing 
mining laws of the United States and the rules and regulations apply- 
ing thereto, shall continue to be subject to such location and entry, 
notwithstanding any provisions herein contained. 

Act of June 25, 1910 (36 Stat. , 847) , to authorize the President of the United States to make 
withdrawals of public lands in certain cases. 

Teniporary That the President may, at any time in his discretion, temporarily 
Presid&iit^ ^ ^^ withdraw from settlement, location, sale, or entry any of the public 
lands of the U^nited States including the District of Alaska and reserve 
the same for water-power sites, ii'rigation, classification of lands, or 
other public purposes to be specified in the orders of withdrawals, 
and such withdrawals or reservations shall remain in force until 
revoked by him or by an act of Congress. ^ 

Mineral expio- Sec. 2 [as amended by the act of Aug. 24, 1912, 37 Stat., 497]. 
sftion. ^^^^'" That all lands withdrawn under the provisions of this act shall at all 
times be open to exploration, discovery, occupation, and purchase 
under the mining laws of the United States, so far as the same apply 
to metalliferous minerals: Provided, That the rights of any person 
who, at the date of any order of withdrawal heretofore or hereafter 
made, is a bona fide occupant or claimant of oil or gas bearing lands 
and who, at such date, is in the diligent prosecution of work leading 
to the discovery of oil or gas, shall not be affected or impaired by such 
order so long as such occupant or claimant shall continue in diligent 
prosecution of said work: Frovided further, That this act shall not be 
construed as a recognition, abridgment, or enlargement of any asserted 
rights or claims initiated upon any oil or gas bearing lands after any 
withdrawal of such lands made prior to June twenty-fifth, nineteen 

Claims ^''^'^^et- himdred and ten : And provided further, That there shall be excepted 
^emen ex p ^^.^^^ ^j^g force and effect of any withdrawal made under the provi- 

1 Waters flowing over the public domain in natural channels are not the property of 
the United States or subject to its control or disposition. They are publici juris and 
are subject, mider the Constitution, to the jurisdiction and control of the States, except 
for purposes of commerce and navigation. The Government can acquire a right to 
their use for purposes other than navigation only by appropriating them under the 
provisions of State laws. (1 Sol. Op., 590.) 

Where, however^ the Government, by a treaty made prior to the admission of the 
State into the Union, has reserved certain waters for the use of an Indian tribe, there 
is no power in the State to divert them from such uses. (Winters v. United States, 207 
U. S.,564.) 

Nor can a State, even upon the nonnavigable portions of a stream, authorize any uses 
which will impair the navigability of the navigable portions. (United States v. Rio 
Grande Irrigation Co., 174 U. S., G90.) 

The waters of mineral, medicinal, and saline springs on the public domain are under 
the sole control of the United States, as a landowner, and are not subject to appropria- 
tion under State laws or to the riparian right to continued flow. (2 Sol. Op., 951.) 

2 This act confers upon the President power to withdraw National Forest lands for 
the purposes therein stated. "Public lands," as used therein, includes National Forest 
lands. (Informal opinion of Attorney General to Secretary of Agriculture of Nov. 23, 

1910.) 

The Secretary of Agriculture has no authority to issue a power permit affecting 
National Forest lands withdrawn under this act for a power site (2 Sol. Op., S17); nor 
can he make leases, under the act of Feb. 28, 1899, or authorize other uses of lands simi- 
larly withdrawn around mineral and medicinal springs In -Vlaska. (2 Sol. Op., 870.) 



ISTATIONAL FOREST MANUAL LAWS. 9 

sions of this act all lands which are, on the date of such withdrawal, 
embraced in any lawful homestead or desert-land entry theretofore 
made, or upon which any valid settlement has been made and is at 
said date being maintained and perfected pursuant to law^; but the 
terms of this proviso shall not continue to apply to any particular 
tract of land unless the entryman or settler shall continue to comply 
with the law under which the entry or settlement was made: And 
provided further, That hereafter no forest reserve shall be created, nor No further Na- 
shall any additions be made to one heretofore created, within the certaiD Stated '" 
limits of the States of California, Oregon, Washington, Idaho, Mon- 
tana, Colorado, or Wyoming, except by act of Congress. 

Sec. 3. That the Secretary of the Interior shall report all such Reports to Con- 
withdrawals to Congress at the beginning of its next regular session ^®^^' 
after the date of the withdrawals. 

LEGISLATION AFFECTING PARTICULAR NATIONAL FORESTS. 

Act of October 1, 1890 (26 Stat., 650), setting aside certain lands in Sierra (now in 
California as forest reservations. Nl'tional ForesT 

Act of February 7, 1905 (33 Stat., 702), to exclude from Yosemite Same. 
National Park certain lands and attach the same to the Sierra Forest 
Reserve. 

Joint resolution of Jime 11, 1906 (34 Stat., 831), accepting recession Same. 
of Yosemite Valley, etc., and changing boimdaries of the National 
Park. 

Act of April 28, 1904 (33 Stat., 526), replaced by section 55 of th- Bull Run Na- 
Penal Code. (See Trespass, p. 67, post.) ' *'°"^' ^°'"^'*- 

Act of May 23, 1908 (35 Stat., 268), establishing _ the Minnesota . Minnesota Na- 
National Forest and containing various special provisions in relation °'®^ 

to sales of timber, the preservation of seed trees, the preservation and 
adjustment of the rights of Indians, etc. See also act of June 27, 1902 
(32 Stat., 400). 

Act of Jtine 25, 1910 (36 Stat., 855), relating to Indian lands, proviso Same, 
near bottom of page 802. 

The Indian appropriation act of March 3, 1905 (33 Stat., 1048 at p. Tj^^t'^^'M °t° *? 
1070), authorizes the President to add parts of the Uinta Indian Res- p^^^t JNationai 
ervation to the Uinta National Forest. 

Act of March 3, 1899 (30 Stat., 1074, 1095), authorized homestead ..^l^^^^.^^'}'^ 
entries by metes and bounds in the Black Hills National Forest by National J< crest, 
bona fide settlers prior to September 19, 1898. 

Act of March 1, 1907 (34 Stat., 1053), grants certain lands in the San San Juan Na- 
Juan National Forest to the city of Durango, Colo., for reservoir pur- '°°^ °^^^ ' 
poses, reserving to the Forest Service the right to dispose of the timber 
on certain parts thereof. 

Act of February 18, 1909 (35 Stat., 626), as amended by act of May 7, „ Calaveras Big 
1912 (37 Stat., 108), authorizing acquisition of lands in California for a p^^lst. ^^"°"^' 
National Forest to be known as the Calaveras Big Tree National Forest. 

Act of February 28, 1911 (36 Stat., 960), authorizes the exchange of f^^,V^% ^^' 
lands in the Kansas National Forest for privately owned lands within ^°^^ °^^^ ' 
its boundaries. 

Act of March 4, 1911 (36 Stat., 1357), authorizes the Secretary of National Fer- 
tile Interior to exchange certain desert lands, specifically described, ^^^'" regon. 
for other described lands, within National Forests in Oregon. 

Act of July 31, 1912 (37 Stat., 241), authorizes the exchange of Exchange with 
certain lands with the State of Michigan and provides the terms on ^"^ '^^"' 
which such exchange may be made. 

Act of July 25, 1912 (37 Stat., 200), authorizing Secretary of the . I'aui'na Na- 
Interior to exchange certain lands in Paulina National Forest, Oreg., °^ """^^ ' 
for private lands within the forest. 

Act of August 22, 1912 (37 Stat., 323), authorizes the Secretary of Zuni National 
Agriculture to exchange timber in the Pecos National Forest, N. Mex., ^^^^ " 
for privately owned lands within the boundaries of the Zuni National 
Forest. 

The agricultural appropriation act of August 10, 1912 (37 Stat., 269), Same. 
declares that the Fort Wingate Military Reservation, N. Mex., shall 
become a part of the Zuni National Forest, subject to imhampered 
use for military purposes. 



10 NATIONAL FOKEST MANUAL LAWS. 

Act of March 1, 1911 (36Stat.,961),toenable any State to cooperate with any other State 
or States, or with the United States, for the protection of the watersheds of navigable 
streams, and to appoint a commission for the acquisition of lands for the purpose of 
conserving the navigability of navigable rivers. 

States author- That the consent of the Congress of the United States is hereby given 
ag*rcements™^^o ^^ ^^^^^ °^ ^^^^ several States of the Union to enter into any agreement 
conserve forests or compact, not in conflict with any law of the United States, with any 
and water sup- other State or States for the purpose of conserving the forests and the 
P'J"- water supply of the States entering into such agreement or compact. 

Cooperation Sec. 2. That the sum of two hundred thousand dollars is hereby 
flrepro^tion ^°^ appropriated and made available until expended, out of any moneys in 
the National Treasury not otherwise appropriated, to enable the Secre- 
tary of Agriculture to cooperate with any State or group of States, when 
requested to do so, in the protection from fire of the forested watersheds 
of navigable streams; and the Secretary of Agriculture is hereby 
authorized, and on such conditions as he deems wise, to stipulate and 
agree with any State or group of-States to cooj^erate in the organization 
and maintenance of a system of fire protection on any private or State 
forest lands within such State or States and situated upon the watershed 
of a navigable river: Provided, That no such stipulation or agreement 
shall be made with any State which has not provided by law for a system 
of forest-fire protection: Provided further, That in no case shall the 
amount expended in any State exceed in any fiscal year the amount 
appropriated by that State for the same purpose during the same 
fiscal year. 
P urc base of Sec. 3. That there is hereby appropriated, for the fiscal year ending 
n 'vie bilFt'v^^'^Tjf J^^^^^ thirtieth, nineteen hundred and ten, the sum of one million dol- 
streams.' ' lars, and for each fiscal year thereafter a sum not to exceed two million 

dollars for use in the examination, survey, and acquirement of lands 
located on the headwaters of navigable streams or those which are 
being or which may be developed for navigable purposes: Provided, 
That the provisions of this section shall expire by limitation on the 
thirtieth day of June, nineteen hundred and fifteen. 
Appoint m e n t Sec. 4. That a commission, to be known as the National Forest Reser- 
of commission, yation Commission, consisting of the Secretary of War, the Secretary 
of the Interior, the Secretary of Agriculture, and two Members of the 
Senate, to be selected by the President of the Senate, and two Members 
of the House of Representatives, to be selected by the Speaker, is 
hereby created and authorized to consider and pass upon such lands 
as may be recommended for purchase as provided in section six of this 
act, and to fix the price or prices at which such lands may be purchased, 
and no purchases shall be made of any lands until such lands have been 
duly approved for purchase by said commission: Provided, That the 
members of the commission herein created shall serve as such only 
during their incumbency in their respective official positions, and any 
vacancy on the commission shall be filled in the manner as the original 
appointment. 
Reports to Con- Sec. 5. That the commission hereby appointed shall, through its 
S^'^^s- president, annually report to Congress, not later than the first Monday 

in December, the operations and expenditures of the commission, in 
detail, during the preceding fiscal year. 
Duties of Secre- Sec. 6. That the Secretary of Agriculture is hereby authorized and 
tm-e aM ^feolo<^- directed to examine, locate, and recommend for purchase such lands 
ical Survey. " as in his judgment may be necessary to the regulation of the flow of 
navigable streams, and to report to the National Forest Reservation 
Commission the results of such examinations: Provided, That before 
any lands are purchased by tlie National Forest Reservation Commis- 
sion said lands shall be examined by the Geological Survey and a report 
made to the Secretary of Agi-iculture, showing that the control of such 
lands will promote or protect the navigation of streams on whose water- 
sheds they lie. 
Secretary to Sec. 7. That the Secretary of Agriculture is hereby authorized to 
of^state^'^*"^^^"* purchase, in the name of the United States, such lands as have been 
approved for purchase by the National Forest Reser\'ation Commission 
at the price or prices fixed by said commission: Provided, That no deed 
or other instrument of conveyance shall be accepted or approved by the 
Secretary of Agriculture under this act until the legislature of the 



NATIONAL FOEEST MANUAL LAWS. 11 

State ill which the land lies shall have consented to the acquisition of 
such land by the United States for the purpose of preserving the na\d- 
gabHity of navigable streams. 

Sec. 8. That the Secretary of Agriculture may do all things necessary Titles obtained 
to secure the safe title in the United States to the lands to be acquired Agriculturr^and 
under this act, but no payment shall be made for any such lands until passed upon by 
the title shall be satisfactory to the Attorney General and shall be Attorney General, 
vested in the United States. 

Sec. 9. That such acquisition may in any case be conditioned upon Reservations of 
the exception and reservation to the owner from whom title passes to timber and miu- 
the United States of the minerals and of the merchantable timber, or ^ ' 
either or any part of them, within or upon such lands at the date of the 
conveyance, but in every case such exception and reservation and the 
time within which such timber shall be removed and the rules and 
regulations under which the cutting and removal of such timber and 
the mining and removal of such minerals shall be done shall be ex- 
pressed in the written instrument of conveyance, and thereafter the 
mining, cutting, and removal of the minerals and timber so excepted 
and reserved shall be done only under and in obedience to the rules and 
regulations so expressed. 

Sec 10. That inasmuch as small areas of land chiefly valuable for Sale of agricul- 
agricidture may of necessity or by inadvertence be included in tracts q'Sred ^^ ^° ^^ 
acquired under this act, the Secretary of Agriculture may, in his dis- 
cretion, and he is hereby authorized, upon application or otherwise, to 
examine and ascertain the location and extent of such areas as in his 
opinion may be occupied for agricultural purposes without injury to 
the forests or to stream flow and which are not needed for public pur- 
poses, and may list and describe the same by metes and bounds, or 
otherwise, and offer them for sale as homesteads at their true value, to 
be fixed by him, to actual settlers, in tracts not exceeding eighty acres 
in area, under such joint rules and regulations as the Secretary of 
Agriculture and the Secretarj^ of the Interior may prescribe; and in 
case of such sale the jurisdiction over the lands sold shall, ipso facto, 
revert to the State in which the lands sold lie. And no right, title, 
interest, or claim in or to any lands accjuired under this act, or the waters 
thereon, or the products, resources, or use thereof after such lands shall 
have been so acquired, shall be initiated or perfected, except as in this 
section provided. 

Sec. 11. That, subject to the provisions of the last preceding sec- Lands acquired 
tion, the lands acquired under this act shall be permanently reserved, l^nlstered as na- 
held, and administered as national forest lands under the provisions tional forest 
of section twenty-four of the act approved March third, eighteen hun- lands, 
dred and ninety-one (volume twenty-six. Statutes at Large, page 
eleven hundred and three), and acts supplemental to and amendatory 
thereof. And the Secretary of Agriculture may from time to time 
divide the lands acquired under this act into such specific National 
Forests and so designate the same as he may deem best for adminis- 
trative purposes. 

Sec. 12. That the jurisdiction, both civil and criminal, over persons Jurisdiction of 
upon the lands acquired under this act shall not be affected or changed ^*^^^- 
by their permanent reservation and administration as national forest 
lands, except so far as the punishment of offenses against the United 
States is concerned, the intent and meaning of this section being that 
the State wherein such land is situated shall not, by reason of such 
reservation and administration, lose its jurisdiction nor the inhabi- 
tants thereof their rights and privileges as citizens or be absolved from 
their duties as citizens of the State. 

Sec. 13. That five per centum of all moneys received during any Five per cent of 
fiscal year from each National Forest into which the lands acquired receipts to fatates. 
under this act may from time to time be divided shall be paid, at the 
end of such year, by the Secretary of the Treasury to the State in 
which such National Forest is situated, to be expended as the State 
legislature may prescribe for the benefit of the public schools and pub- 
lic roads of the county or counties in which such National Forest is 
situated: Provided, That when any National Forest is in more than 
one State or county the distributive share to each from the proceeds 



12 XATIONAL FOREST MANUAL LAWS. 

of such forest shall be proportional to its area therein: Provided further , 
That there shall not be paid to any State for any county an amount 
equal to more than forty per centum of the total income of such county 
from all other sources. 
Expenses of Sec. 14. That a sum sufficient to pay the necessary expenses of the 
mSsicw^^^ *^'""' commission and its members, not to exceed an annual expenditure of 
twenty-five thousand dollars, is hereby appropriated out of any money 
in the Treasury not otherwise appropriated. Said appropriation shall 
be immediately available, and shall be paid out on the audit and order 
of the president of the said commission, which audit and order shall be 
conclusive and binding upon all departments as to the correctness of 
the accounts of said commission. 

Agricultural appropriation act of August 10, 1912 (37 Stat. 269). 

Appropriations And in order to carry out the purposes mentioned in section three of 
lands^cont^ued. tlie Act of March first, nineteen hundred and eleven, entitled "An 
Act to enable any State to cooperate with any other State or States, or 
with the United States, for the protection of the watersheds of naviga- 
ble streams, and to appoint a commission for the acquisition of lands 
for the purpose of conserving the navigability of navigable rivers," 
there is hereby appropriated and made available until expended' so 
much of the maxunum sums mentioned in said section for the fiscal 
years nineteen hundred and twelve to nineteen hundred and fifteen, 
inclusive, as shall remain unexpended at the close of each of said fiscal 
years. 

Act of June 8, 1906 (34 Stat., 225), for the preservation of American antiquities. 

Objects of his- ggc. 2. That the President of the United States is hereby author 
interest may^'be i^ed, in his discretion, to declare by public proclamation historic 
reserved as na- landmarks, historic and prehistoric structures, and other objects of 
t i o n a 1 monu- historic or scientific interest that are situated upon the lands owned 
™®'^^^" or controlled by the Government of the United States to be national 

monuments, and may reserve as a part thereof parcels of land the 
limits of wliich in all cases shall be confined to the smallest area com- 
patible with the proper care and management of the objects to be pro- 
tected: Provided, That when such objects are situated upon a tract 
covered by a bona fide unperfected claim or held in private ownership, 
the tract, or so much thereof as may be necessary for the proper care 
• and management of the object, may be relinquished to the Govern- 

ment, and the Secretary of the Interior is hereby authorized to accept 
the relinquishment of such tracts in behalf of the Government of the 
United States. 
Perniits for ex- Qec. 3. That permits for the examination of ruins, the excavation 
vat'ion^'°and^^o1- ^^ archseological sites, and the gathering of objects of antiquity upon 
lection'. the lands under their respective jurisdictions may be granted by the 

Secretaries of the Interior, Agriculture, and War to institutions which 
they may deem properly qualified to conduct such examination, exca- 
vation, or gathering, subject to such rules and regulations as they may 
prescribe: Provided, That the examinations, excavations, and gather- 
ings are undertaken for the benefit of reputable museums, universities, 
colleges, or other recognized scientific or educational institutions, with 
a view to increasing the knowledge of such objects, and that the gather- 
ings shall be made for permanent preser\'ation in public museums. 
Uniforni rules Sec. 4. That the Secretaries of the Departments aforesaid shall make 
an regulations. ^^^ publish from time to time uniform rules and regulations for the 
purpose of carrying out the provisions of this act.' 

1 The purpose of this act is to permanently preserve objects of antiquity and historic 
interest for the instruction and enjoyment of the people, and the three Secretaries are 
not authorized to make regulations which will in effect prohibit access thereto by the 
general public. They can not, therefore, restrict access to those only who are accom- 
panied by accredited guides and pay a reasonable charge for such services. (1 Sol. 
Op., 224.) 

(Section one of the above act, which is purely penal in character, is printed under 
Trespass, p. 07, infra.) 



NATIONAL FOREST MANUAL LAWS. 13 

Uniform Rules and Regulations. 

By the Secretaries of the Interior, Agriculture, and War to carry out the provisions of 
the act for the preservation of American antiquities, approved June 8, 1906. 

1. Jurisdiction over ruins, archaeological sites, historic and prehis- 
toric monuments and structures, objects of antiquity, historic land- 
marks, and other objects of historic or scientific interest, shall be exer- 
cised under the act by the respective departments as follows: 

By the Secretary of Agriculture over lands within the exterior 
limits of forest reserves; by the Secretary of War over lands within the 
exterior limits of military reservations; by the Secretary of the Interior 
over all other lands owned or controlled by the Government of the 
United States, provided the Secretaries of War and Agriculture may, by 
agreement, cooperate with the Secretary of the Interior in the super- 
vision of such monuments and objects covered by the act of June 8, 
1906, as may be located on lands near or adjacent to forest reserves and 
military reservations, respectively. 

2. No permit for the removal of any ancient monument oi* structure 
which can be permanently preserved under the control of the United 
States in situ, and remain an object of interest, shall be granted. 

3. Permits for the examination of ruins, the excavation of archaeo- 
logical sites, and the gathering of objects of antiquity will be granted, 
by the respective Secretaries having jurisdiction, to reputable muse- 
ums, universities, colleges, or other recognized scientific or educational 
institutions, or to their duly authorized agents. 

4. No exclusive permits shall be granted for a larger area than the 
applicant can reasonably be expected to explore fully and systemati- 
cally \vithin the time limit named in the permit. 

5. Each application for a permit should be filed with the Secretary 
having jurisdiction, and must be accompanied by a definite outline of 
the proposed work, indicating the name of the institution making the 
request, the date proposed for beginning the field work, the length of 
time proposed to be devoted to it, and the person who will have imme- 
diate charge of the work. The application must also contain an exact 
statement of the character of the work, whether examination, excava- 
tion, or gathering, and the public museum in which the collections 
made under the permit are to be permanently preserved. The appli- 
cation must be accompanied by a sketch plan or description of the par- 
ticular site or area to be examined, excavated, or searched, so definite 
that it can be located on the map with reasonable accuracy. 

6. No permit will be granted for a period of more than three years, but 
if the work has been diligently prosecuted under the permit the time 
may be extended for proper cause upon application. 

7. Failure to begin work under a permit within six months after it is 
granted, or failure to diligently prosecute such work after it has been 
begun, shall make the permit void without any order or proceeding by 
the Secretary having jurisdiction. 

8. Applications for permits shall be referred to the Smithsonian 
Institution for recommendation. 

9. Every permit shall be in writing, and copies shall be transmitted 
to the Smithsonian Institution and the field office in charge of the land 
involved. The permittee will be furnished with a copy of these rules 
and regulations. 

10. At the close of each season's field work the permittee shall report 
in duplicate to the Smithsonian Institution, in such form as its Secre- 
tary may prescribe, and shall prepare in duplicate a catalogue of the 
collections and of the photographs made during the season, indicating 
therein such material, if any, as may be available for exchange. 

11. Institutions and persons receiving permits for excavation shall, 
after the completion of the work, restore the lands upon which they have 
worked to their customary condition, to the satisfaction of the field 
officer in charge. 

12. All permits shall be terminable at the discretion of the Secretary 
having jurisdiction. 

13. The field officer in charge of the land owned or controlled by the 
Government of the United States shall, from time to time, inquire and 
report as to the existence, on or near such lands, of ruins and archaeo- 



14 NATIONAL FOEEST MANUAL LAWS. 

logical sites, historic or prehistoric ruins or monuments, objects of 
antiquity, historic landmarks and prehistoric structures, and other 
objects of historic or scientific interest. 

14. The field officer in charge may at all times examine the permit of 
any person or institution claiming privileges granted in accordance with 
the acts and these rules and regulations, and may fully examine all work 
under such permit. 

15. All persons duly authorized by the Secretaries of Agriculture, 
War, and Interior may apprehend or cause to be arrested, as provided in 
the act of February 6, 1905 (33 Stat., 700), any person or persons who 
appropriate, excavate, injure, or destroy any historic or prehistoric ruin 
or monument or any object of antiquity on lands under the supervision 
of the Secretaries of Agriculture, War, and Interior, respectively. 

16. Anyobjectofantiquity taken, or collection made, on landsowned 
or controlled by the United States without a permit, as prescribed by 
the act and these rules and regulations, or there taken or made, contrary 
to the terms of the permit or contrary to the act and these rules and 
regulations, may be seized, wherever found and at any time, by the 
proper field officer or by any person duly authorized by the Secretary 
having jurisdiction, and disposed of as the Secretary shall determine, by 
deposit in the proper national depository or otherwise. 

17. Every collection made under the authority of the act and of these 
rules and regulations shall be preserved in the public museum desig- 
nated in the permit and shall be accessible to the public. No such col- 
lection shall be removed from such public museum without the written 
authority of the Secretary of the Smithsonian Institution, and then only 
to another public museum, where it shall be accessible to the public; 
and when any public museum, which is a depository of any collection 
ihade imder the provisions of the act and these rules and regulations, 
shall cease to exist, every such collection in such public museum shall 
thereupon revert to the national collections and be placed in the proper 
national depository. 

Washington, D. C, December 28, 1906. 
The foregoing rules and regulations are hereby approved, in triplicate, 
and, under authority conferred by law on the Secretaries of the Interior, 
Agriculture, and War are hereby made and established to take effect 
immediately. 

E. A. Hitchcock, 
Secretary of the Interior. 
James Wilson, 
Secretary of Agriculture. 
Wm. H. Taft, 

Secretary of War. 

Wichita game Act of January 24, 1905 (33 Stat., 614), authorizes the President to set 

^^ ^^^' aside lands within the Wichita National Forest as a game refuge and 

declares that the purpose of the act is to protect the land of the United 

States from trespass, and not to interfere with local game laws, etc' 

Penal provisions of the act will be found under "Trespass," page 67, 

post. 

Grand Canon Act of June 29, 1906 (34 Stat., 607), contains provisions substantially 

game refuge. like those of the act next above cited. 

OPERATION. 

PERSONNEL. 

Forest transfer act of February 1, 1905 (33 Stat., 628). 

Forest officers Sec. 3. That forest supervisors and rangers shall be selected, when 
from S*tates practicable, from qualified citizens of the States or Territories in 
where forests are which the said reserves, respectively, are situated, 
situated. 

1 The Secretary of the Interior [now Agriculture] can not, without express authority 
of law, prescribe rules and regulations by which the National Forests may bo made 
refuges for game, or by which the hunting, killing, or capture of game thereon may be 
forbidden. As to the "National Forests in general, no sucri authority is conferred either 
by the act of Jime 4, 1897, or any other provision of law. (23 Op. Atty. Ueu., 5S9.) 



NATIONAL FOEEST MANUAL LAWS. 15 

Agricultural appropriation act of May 23, 1908 (35 Stat., 251). 

[267] The employees of the Department of Agriculture, outside of Leave of ab- 
the city of Washington, may hereafter, in the discretion of the Sec- j|°^|jj^g^j^g|'j!^ 
retary of Agriculture, be granted leave of absence not to exceed fifteen ice. 
days in any one year, which leave may in exceptional and merito- 
rious cases where such an employee is ill, be extended, in the discre- 
tion of the Secretary of Agriculture, not to exceed fifteen days addi- 
tional in any one year. 

Agricultural appropriation act of May 23, 1908 (35 Stat., 251). 

And hereafter officials of the Forest Service designated by the Cooperation 
Secretary of Agriculture shall, in all ways that are practicable, aid with other de- 
in the enforcement of the laws of the States and Territories with regard P^^tments. 
to stock, for the prevention and extinguishment of forest fires, and 
for the protection of fish and game, and, with respect to National For- 
ests, shall aid the other Federal bureaus and departments, on request 
from them, in the performance of the duties imposed on them by law. 

Act of March 11, 1912 (37 Stat., 74), extending to certain employees of the Forest Service 
and Bureau of Mines the right to compensation under the act of May 30, 1908, 
for injuries sustained. 

That the provisions of the act approved May thirtieth, nineteen Compensation 
hundred and eight, entitled "An act granting to certain employees of to employees in- 
the United States the right to receive from it compensation for injuries ou's°work ^^^ ' 
sustained in the course of their employment," shall, in addition to the 
classes of persons therein designated, be held to apply to any artisan, 
laborer, or other employee engaged in any hazardous work under the 
Bureau of Mines or the Forestry Service of the United States: Pro- 
vided, That this act shall not be held to embrace any case arising prior 
to its passage. 

(The act above made applicable is printed next below.) 

Act of May 30, 1908 (35 Stat., 556), granting to certain employees of the United States the 
right to receive from it compensation for injuries sustained in the course of their 
em^plojTnent. 

That when, on or after August first, nineteen hundred and eight, any c o ni pensation 
person employed by the United States as an artisan or laborer in any tained''''in^ha^- 
of its manufacturing establishments, arsenals, or navy yards, or in ardous work, 
the construction of rivei' and harbor or fortification work or in hazardous 
employment on construction work in the reclamation of arid lands or 
the management and control of the same, or in hazardous emialoyment 
under the Isthmian Canal Commission, is injured in the course of such 
employment such employee shall be entitled to receive for one year 
thereafter, unless such employee, in the opinion of the Secretary of 
Commerce and Labor, be sooner able to resume work, the same pay as 
if he continued to be employed, such payment to be made under such 
regulations as the Secretary of Commerce and Labor may prescribe: 
Provided, That no compensation shall be paid under this act where the Time limit, 
injury is due to the negligence or misconduct of the employee injured, 
nor unless said injury shall continue for more than fifteen days. All 
questions of negligence or misconduct shall be determined by the 
Secretary of Commerce and Labor. 

Sec. 2. That if any artisan or laborer so employed shall die during Compensation 
the said year by reason of such injury received in the course of such children ^^ 
employment, leaving a widow, or a child or children under sixteen 
years of age, or a dependent parent, such widow and child or children 
and dependent parent shall be entitled to receive, in such portions 
and under such regulations as the Secretary of Commerce and I^abor 
may prescribe, the same amount, for the remainder of the said year, 
that said artisan or laborer would be entitled to receive as pay if such 
employee were alive and continued to be employed: Provided, That 
if the widow shall die at any time during the said year her portion of 
said amount shall be added to the amount to be paid to the remaining 
beneficiaries under the provisions of this section, if there be any. 

Sec. 3. That whenever an accident occurs to any employee embraced Reports of inju- 
within the terms of the first section of this act, and which results in ''"^^" 



16 NATIONAL FOREST MANUAL LAWS. 

death or a probable incapacity for work, it shall be the duty of the 
official superior of such employee to at once report such accident and 
the injury resulting therefrom to the head of his bureau or independent 
office, and his report shall be immediately communicated thiough 
regular official channels to the Secretary of Commerce and Labor. 
Such report shall state, first, the time, cause, and nature of the accident 
and injury and the probable duration of the injury resulting therefrom; 
second , whether the accident arose out of or in the course of the injured 
person's employment; third, whether the accident was due to negli- 
gence or misconduct on the part of the employee injiu-ed ; fourth, any 
other matters required by such rules and regulations as the Secretary of 
Commerce and Labor may prescribe. The head of each department 
or independent office shall have power, however, to charge a special 
official with the duty of making such reports. 

Affidavits In Sec. 4. That in the case of any accident which shall result in death 
case of death. ^^^ persons entitled to compensation under this act or their legal 
representatives shall, within ninety days after such death, file with the 
Secretary of Commerce and Labor an affidavit setting forth their 
relationship to the deceased and the gi'ound of then- claim for com- 
pensation under the provisions of this act. This shall be accompanied 
by the certificate of the attending physician setting forth the fact and 
cause of death, or the nonproduction of the certificate shall be satis- 

Affldavits in factorily accounted for. In the case of incapacity for work lasting 
case of injury. more than fifteen days, the injured party desiring to take the benefit 
of this act shall, within a reasonable period after the expu-ation of 
such time, file with his official superior, to be forwarded through regular 
official channels to the Secretary of Commerce and Labor, an affidavit 
setting forth the grounds of his claim for compensation, to he accom- 
panied by a certificate of the attending physician as to the cause and 
nature of the injmy and probable diuation of the incapacity, or the 
nonproduction of the certificate shall be satisfactorily accounted for. 

Determining If the Secretary of Commerce and Labor shall find from the report and 
compensation. affidavit or other evidence produced by the claimant or his or her 
legal representatives, or from such additional investigation as the 
Secretary of Commerce and Labor may direct, that a claim for com- 
pensation is established under this act, the compensation to be paid 
shall be determined as provided under this act and approved for 
payment by the Secretary of Commerce and Labor. 

Medical exami- Sec. 5. That the emijloyee shall, whenever and as often as required 
nations. ^^y ^^^ Secretary of Commerce and Labor, at least once in six months, 

submit to medical examination, to be provided and paid for under the 
dii-ection of the Secretary, and if such employee refuses to submit to or 
obstructs such examination his or her right to compensation shall be 
lost for the period covered by the continuance of such refusal or 
obstruction. 

Payment to Sec 6. That payments under this act are only to be made to the 
beneficiaries, etc. beneficiaries or their legal representatives other than assignees, and 
shall not be subject to the claims of creditors. 

Contracts to ex- Sec. 7. That the United States shall not exempt itself from liability 

it'v void*™ ^''''^^' '^i"*^^6r this act by any contract, agreement, rule, or regulation, and any 

such contract, agreement, rule, or regulation shall be pro tan to void. 

Repeal. Sec. 8. That all acts or parts of acts in conflict herewith or providing 

a different scale of compensation or otherwise regulating its payment 
are hereby repealed. 

BUILDINGS AND PROPERTY. 

Agricultural appropriation act of March ■), 1911 (3G Stat., 1235). 

Buildings, limit [1246] General expenses. Forest Service: To enable the Secre- 
ofcost. tary of Agriculture * * * to erect necessary buildings: Pro- 

vided, That the cost of any building erected shall not exceed six 
hundred and fifty dollars. 

Bv the agricultural appropriation act of March 4, 1907 (34 Stat., 1269), the limit of 
cost for buildings was fixed at $1,000. This was reduced to .¥500 by appropriation act 
of May 23, 1908 (35 Stat., 259), and increased to ?050 by the above act. The same limit 
is fixed by the appropriation act of August 10, 1912. 



NATIONAL FOREST MANUAL LAWS. 17 

Agricultural appropriation act of August 10, 1912 (37 Stat., 269). 
That an additional ten per centum of all moneys received from Additional 
the National Forests during the fiscal year ending June thirtieth, nent improve- 
nineteen hundred and twelve, shall be available at the end thereof, ments. 
to be expended by the Secretary of Agriculture for the construction 
and maintenance of roads and trails within the National Forests in 
the States from which such proceeds are derived; but the Secretary cooperation 
of Agriculture may, whenever practicable, in the construction and with States, 
maintenance of such roads, secure the cooperation or aid of the proper 
State or Territorial authorities in the furtherance of any system of 
highways of which such roads may be made a part. 

Agricultural appropriation act of August 10, 1912 (37 Stat., 269). 
That no part of the appropriation made by this act shall be used Buildings on 
for the construction, repair, maintenance, or use of buildings or im- ei^ji^^.'' stead 
provements made for forest-ranger stations within the inclosed fields 
of bona fide homestead settlers who have established residence upon 
their homestead lands prior to the date of the establishment of the 
forest reservation in which the homestead lands are situated, without 
the consent of the homesteader. 

Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). 

[1270] * * * and hereafter he [Secretary of Agriculture] may Photographs 
dispose of photographic prints (including bromide enlargements), may be sold, 
lantern slides, transparencies, blue prints, and forest maps at cost 
and ten per centum additional, and condemned property or materials Condemned 
under his charge in the same manner as provided by law for other property, 
bureaus. 

DECISIONS AFFECTING THE WORK OF "OPERATION." 

An appropriation for the ''improvement of the National Forests," 
with a provision that the money approi^riated may be expended as the 
Secretary of Agriculture may dh-ect, authorizes him to cooperate with 
county commissioners in the construction of a count> road through a 
National Forest, by contributing monev for that purpose. (1 Sol. 
Op., 154.) 

The Forest Service may legally enter into an agreement for the 
cooperative construction of a telephone line where under the terms of 
such agreement the United States is to retain title to all timber taken 
from the National Forests used either in the construction or maintenance 
of said line, the other contracting party to furnish all other materials 
and labor necessary. (2 Sol. Op., 999.) 

Secretary of Agriculture is not authorized to grant timber to a tele- 
phone company free of charge as an inducement to its construction of a 
telephone line on a National Forest. (2 Sol. Op., 1026.) 

The limitation of $500 on the cost of buildings, contained under 
"General expenses" in the appropriation for 1911, applies also to 
ranger cabins erected under the appropriation for "Improvement of 
the National Forests." (Comp. Dec. of May 23, 1911, unpublished.) 

Under the provision in the appropriation act for 1912 an existing 
ranger cabin may be enlarged to meet the present needs of the Forest 
Service, provided the total cost of the enlarged building does not 
exceed $650. _ (2 Sol. Op., 679.) 

The foregoing provision does not, however, authorize additional 
expenditures on old cabins merely for the purpose of making them 
more comfortable and commodious for the same nmnber of rangers and 
the same amount of business as they were originally constructed to 
provide for. (2 Sol. Op., 679.) 

Government property in the nature of fixtures such as cabins, fences, 
etc., may be sold as personal property either before or after the land to 
which they are attached is released from withdrawal for administrative 
use of the Forest Service. (1 Sol. Op., 272.) 

Logs from deserted cabins on National Forests can be sold by the 
forest supervisors under authority of Revised Statutes, section 3618. 
(1 Sol. Op., 109.) 

66777°— 13 2 



18 NATIONAL FOKEST MANUAL— LAWS. 

A forest ranger is not subjpct to ths Florida statutes requiring all 
male residents of the counties to work on the public roads, with the 
privilege of providing a substitute or ]^ yi'^g a stipulated sum in lieu 
of personal service. (2 Sol. Op., 841.) 

Forest supervisors are not authorized to commute leave without pay 
to leave with pay. (1 Sol. Op., 73.) 

An employee of this department can not receive compensation from 
it while on leave with pay from the Indian Service. (1 Sol. Op. , 102.) 

Payment of cost of mallein test for glanders required on interstate 
shipment of ranger's horses not authorized by General Order No. 145. 
(2 Sol. Op., 1025.) 

Arrests — Carrying Concealed Weapons. 

Forest officers, being charged with the duty of protecting the National 
Forests and invested with authority to make arrests, may carry con- 
cealed weapons, if necessary, to the discharge of these duties, and in 
doing so are not subject to the State laws regarding the carrying of con- 
cealed weapons. (1 Sol. Op., 112.) 

It is not the duty of forest officers to directly prosecute in a State 
court a person accused of violating State statutes by starting a fire which 
spreads to national forest lands. In such case they would perform their 
full duty by calling the attention of the proper State officers to the 
alleged criminal offense, suggesting action, and offering to aid in all 
proper ways. (2 Sol. Op., 693.) 

LANDS. 

CLAIMS PROCEDURE. 

Instructions op January 19, 1911 (39 L. D., 458), to Special Agents 
AND Registers and Receivers. 

The following rules are prescribed for the government of proceedings 
had upon the reports of special agents of this office. All existing in- 
structions in conflict herewith are superseded. 

Purposes. 1. The purpose hereof is to secure speedy action upon claims to the 

public lands, and to allow claimant, entryman, or other claimant of 
record opportunity to file a denial of the charges against the entry or 
claim, and to be heard thereon if he so desires. 

Special agent's 2. Upon receipt of the special agent's report this office will consider 
'^PO'"*- the same and determine therefrom whether the charges, if true, would 

warrant the rejection on cancellation of the entry or claim. 

Charges. 3. Should the charges, if not disputed, justify the rejection or can- 

cellation of the entry or claim the local officers will be duly notified 
thereof and directed to issue notice of such charges in the manner and 

Notice of form hereinafter provided for, which notice must be served upon the 

charges. entryman and other parties in interest shown to be entitled to notice. 

4. The notice must be written or printed and must state fully the 

Same. charges as contained in the letter of this office, the number of the entry 

or claim, subdivision of land involved, name of entryman or claimant 
or other known parties in interest. 

Contents of no- 5. The notice must also state that the charges will be accepted as 

^^' true, (a) unless the entryman or claimant files m the local office within 

30 days from receipt of notice a written denial, under oath, of said 

charges, with an application for a hearing, (6) or if he fails to appear at 

any hearing that may be ordered in the case. 

Service of 6. Notice of the charges may in all cases be served personally upon the 
charges. proper party by any officer or person, or by registered letter mailed to 

the last address of the party to be notified, as shown by the record, and 
to the post office nearest to the land . Proof of personal service shall be 
the written acknowledgement of the person served, or the affidavit of 
the person who served the notice attached thereto, stating the time, 
place, and manner of service. Proof of service of notice by registered 
mail shall consist of the affidavit of the person who mailed the notices, 
attached to the post-office registry return receipts, or the returned un- 
claimed registered letters. 



NATIONAL FOREST MANUAL LAWS. 19 

7 . If a hearing is asked for, the local officers will consider the same Dates for hear- 
and confer with the chief of field division relative thereto and fix a date ^°^' 

for the hearing, due notice of which must be given entryman or claim- 
ant. The above notice may be served by registered niail. By ordi- 
nary mail a like notice will be sent the chief of Field Division, and 
when the land is in a national forest the proper forest field officer will 
be also notified. 

8. The chief of Field Division will duly submit, upon the form pro- Estimate of ex- 
vided therefor, to this office, an estimate of the probable expense P^"^"- 
required on behalf of the Government. He will also cause to be served 

subpoenas upon the Government witnesses and take such other steps as 
are necessary to prepare the case for prosecution. 

9. The special agent must appear with his witnesses on the date and Appearance at 
at the place fixed for said hearing, unless he has reason to believe that ^°^''^°s- 

no appearance for the defense will be made, ia which event no appear- 
ance on behalf of the Government will be required. The special agent 
must, therefore, keep advised as to whether the defendant intends to 
appearat the hearing. The Chief of Field Division may, when present, 
conduct the hearing on behalf of the Government. 

10. If the entryman or claimant fails to deny the charges under oath Default by 
and apply for a hearing, or fails to appear at the hearing ordered without ^''^^^^^t- 
showing good cause therefor, such failure will be taken as an admission 

of the truth of the charges contained in the special agent's report and 
will obviate any necessity for the Government's submitting evidence 
in support thereof, and the register and receiver will forthwith for- 
ward the case with recommendation thereon to the General Land Office 
and notify the parties by registered mail of the action taken. 

11. Upon the day set for the hearing and the day to which it may be . Conduct of hear- 
continued the testimony of the witnesses for either party may be sub- ^^^' 

mitted, and both parties, if present, may examine and cross-examine 
the witnesses, under the rules, the Government to assume the burden of 
proving the special agent's charges. 

12. If a hearing is had, as provided in paragraph 11, the local officers Decision of lo- 
will render their decision upon the record, giving due notice thereof in '^^^ officers. 

the usual manner. 

13. Appeals or briefs must be filed under the rules and served upon Appeals and 
the special agent in charge of hearing, and when land is in a National *"'^'^^^- 

Forest upon the proper district assistant to the Solicitor of the Depart- . Service on So- 
ment of Agriculture. The special agent will not file any appeal or brief '^°'*'°'"- 
unless directed to do so by this office or the Chief of Field Division. 

14. The above proceedings will be governed by the Rules of Practice. Practice. 
All notices served on claimants or entrymen must likewise be served 

upon transferees or mortgagees. 

Very respectfully, Fred Dennett, 

Commissioner. 
Approved : 

R. A. Ballinger, Secretary. 

Final Proof Notices, etc. — Copies to Forest Officers. 

By instructions of December 31, 1910 (39 L. D., 436), in all cases of 
applications to make final proof, final entry, or to purchase lands under 
any public-land law, the registers and receivers are directed to furnish 
the proper forest officers with copies thereof in triplicate when the 
lands affected are in the National Forests. 

Filing op Township Plats — Notices to Forest Officers. 

Instructions of January 9, 1911 (39 L. D., 446), to registers and 
receivers: 

"In all cases where you hereafter receive plats of the surveys of any 
townships wholly or in part within National Forests, with instructions 
to file them in your office, you will at once mail to the supervisors of the 
National Forests within which such townships are located a copy of the 
notice of such filing required by the instructions of October 21, 1885 
(4 L. D., 202), for theii- instruction and guidance. " 



20 NATIONAL FOREST MANUAL LAWS. 

Joint Circular of November 25, 1910 (39 L. D., 374), Relating to 
Procedure in Claims Cases Affecting the National Forests. 

To the Commissioner, chief of field service, Chiefs of Field Division, registers 
and receivers. General Land Office, Department of the Interior; the 
Forester, district foresters, forest supervisors, Forest Service, Depart- 
ment of Agriculture; the Solicitor and district assistants to the Solicitor, 
Department of Agriculture. 

Gentlemen: To better effectuate cooperation in protecting the 

interests of the Government and settlers and others claimants to lands 

within National Forests, the following order is effective, superseding 

order of June 25, 1910 (39 L. D., 52): 

Supervisors' re- 1. Forest supervisors will submit all reports made by forest officers 

ports. to the proper district forester, who will make a careful examination of 

them. 
Action by dis- _ If the district forester is of the opinion that no contest should be 

trict forester. instituted he will transmit the report directly to the proper Chief of 
Field Division with an indorsement of "No protest," except that in 
the case of claims under the mining laws which have not been examined 
for mineral discovery, the notice of "No protest" will be by letter from 
the district forester to the Chief of Field Division, instead of by the 
Action by Chief transmittal of an indorsed report. Should the Chief of Field Division 

of Field Division, desire further information he will return the report directly to the 
district forester, requesting such additional investigation as may be 
necessary; or, if he deems it advisable, he will cause an agent of the 
General Land Office to make such additional investigation. If the 
Chief of Field Division is of opinion that no hearing is necessary, he 
will transmit the report, or the letter of "no protest," to the Commis- 
sioner of the General Land Office with his recommendations. 

If the district forester is of opinion that a contest should be instituted 
Action b^ as- he will refer the report to the district assistant to the Solicitor for exam- 

sistant to Solici- ination as to the sufficiency of law and evidence, and if found to be 
sufficient he will return it to the district forester with a draft of the 
charges against the claim to be recommended to the Chief of Field 
Division. If the district assistant to the Solicitor is of opinion that 
additional evidence is necessary, he will call this to the attention of the 
district forester, who will order such additional investigation as may 
be required and will resubmit the report with the additional evidence 
to the district assistant to the Solicitor, who, if then satisfied that a 
contest should be instituted, will pursue the course outlined above. 
When the final report, with the draft of charges to be recommended 
to the Chief of Field Division, is returned to the district forester by 
the district assistant to the Solicitor, the district forester will transmit 
it directly to the Chief of Field Division with a recommendation that a 
contest be instituted upon the charges indicated. If the district assist- 
Action by For- ant to the Solicitor, after full review of the final report, is of opinion 

ester and Soliei- that a contest should not be instituted, he will so advise the district 

*'°'"- forester and if the latter is still of opinion that a contest should be 

instituted, the papers in the case will be referred to the Forester for 
consultation with the Solicitor, and, if need be, for submission to the 
Secretary of Agriculture, and, after decision, the papers will be returned 
by the Forester to the district forester with notice of decision and 
Eeport of Chief appropriate instructions. Should the Chief of Field Division find the 

of Field Division, report, in his opinion, insufficient to warrant adverse proceedings, he 
will return it directly to the district forester, requesting such additional 
investigation as may be necessary; or, if he deems it advisable, he will 
cause an agent of the General Land Office to make such additional 
investigation. If, after receipt of the complete report, the Chief of 
Field Division is of opinion that adverse proceedings should be ordered, 
he will transmit the report, together with the district forester's letter of 
recommendations, to the Commissioner of the General Land Office 
with a letter of transmittal recommending the ordering of a hearing 
before the register and receiver upon the charges euggejted by him and 
noted in his letter of transmittal. If, after receipt of complete report 
from the district forester recommending adverse proceedings, the Chief 
of Field Division is of opinion that a hearing is unwarranted, he will 



NATIONAL FOEEST MANUAL LAWS. 21 

transmit the report, the district forester's letter of recommendations, 
and his own recommendations to the Commissioner of the General 
Land Office for decision. Should the Commissioner of the General 
Land Office approve the recommendations of the Chief of Field Divi- 
sion, he will notify the Solicitor of the Department of Agriculture. 

2. Upon order or application for hearings upon reports covering lands Hearings. 
or claims within a National Forest, the register and receiver will send 
duplicate notices thereof to the Chief of Field Division and the proper 
district assistant to the Solicitor. Before setting date for the hearing 

in any such case, the Chief of Field Division will confer with the proper 

district assistant to the Solicitor and thereupon suggest to the register 

and receiver a date for hearing, and the names of witnesses to be sub- Setting dates. 

poenaed upon behalf of the Government. In the event the Chief of 

Field Division and the district assistant to the Solicitor are unable to 

agree as to the date of hearing, the matter will be referred by the Chief 

of Field Division to the Commissioner of the General Land Office, 

who will issue the necessary directions. 

3. In all hearings affecting lands or claims within a National Forest, 
the Chief of Field Division or a special agent of the General Land Office, 
and the district assistant to the Solicitor, will be entered of record as 

appearing on behalf of the Government. The Chief of Field Division Appearances 

or special agent of the General Land Office acting as attorney for the for Government. 

Government in any such case will control the Government's side of the 

case in any matter as to which counsel are unable to agree, subject to 

any direction that may be given by the Commissioner of the General 

Land Office in case the matters of difference are of such importance 

as to be presented to him for action. 

4. In all Government cases before registers and receivers involving 
lands or claims within a National Forest, the Chief of Field Division 
and the district assistant to the Solicitor shall each be served with 

notice of all appeals, motions, orders, and decisions required to be noted Notices of ap- 

iinder the rules in cases of private contests. The proper law officers peai. 

of the Department of Agriculttu-e shall also have a right of appeal Appeals by So- 

from any decision by the Commissioner of the General Land Office, licitor. 

and to file motion for review in the department, or take other like action 

in the same manner as a private contestant; and shall receive like 

notices of proceedings and decisions: Provided, hoivever, That the 

Department of Agriculture shall not be required to take formal appeals 

from decisions of registers and receivers. 

5. Costs incident to hearings before registers and receivers in Govern- Costs and ex- 
ment cases involving lands or claims within a National Forest will be penses. 

paid under rules now in force. Expenses incident to appeals will be 
paid by the Department of Agriculture; except that, where feasible. 
Chiefs of Field Division may give aid in office work in preparation of 
papers, briefs, etc. 

Very respectfully, R. A. Ballinger, 

Secretary of the Interior. 
James Wilson, 

Secretary of Agriculture. 

HOMESTEAD LAWS. 

Basic Provisions of the Homestead Laws Most Generally 
Affecting Forest Service Work. 

UNITED states REVISED STATUTES. 

Sec. 2288. Any bona fide settler under the preemption, homestead, 
or other settlement law shall have the right to transfer by warranty Transfer of 
against his own acts any portion of his claim for chm-ch, cemetery, homestead lands. 
or school purposes, or for the right of way of railroads, telegraph, tele- 
phones, canals, reservoirs, or ditches for irrigation or drainage across 
it; and the transfer for such public purposes shall in no way vitiate 
the right to complete and perfect the title to his claim. (As amended 
Mar. 3, 1905, 33 Stat., 991.) 

Sec. 2289. Every person who is the head of a family, or who has 
arrived at the age of twenty-one years, and is a citizen of the United 



22 jSTATTONAL forest manual LAWS. 

States, or who lias filed his declaration of intention to become such, 
Persons enti- aa required by the naturalization laws, shall be entitled to enter one 

tied to homostead quarter-section, or a less quantity, of unappropriated public lands, to 

rights. \yQ located in a body in conformity to the legal subdivisions of the 

public lands; but no person who is the proprietor of more than one 
hundred and sixty acres of land in any State or Territory shall acquire 
any right under the homestead law. And every person owning and 
residing on land may, under the provisions of this section, enter other 
land lying contiguous to his land, which shall not, with the land so 
already owned and occupied, exceed in the aggregate one hundred 
and sixty acres. (As amended Mar. 3, 1891, 26 Stat., 1098.) 

Sec. 2290. That any person applying to enter land under the pre- 
Mode of pro- ceding section shall first make and subscribe before the proper officer 

cedure. and file in the proper land office an affidavit that he or she is the head 

of a family, or is over twenty-one years of age, and that such applica- 
tion is honestly and in good faith made for the purpose of actual set- 
tlement and cultivation, and not for the benefit of any other person, 
persons, or corporation, and that he or she will faithfully and honestly 
endeavor to comply with all the requirements of law as to settlement, 
residence, and cultivation necessary to acquire title to the land applied 
for; that he or she is not acting as agent of any person, corporation, 
or syndicate in making such entry, nor in collusion with any person, 
corporation, or syndicate to give them the benefit of the land entered, 
or any part thereof, or the timber thereon; that he or she does not 
apply to enter the same for the purpose of speculation, but in good 
faith to obtain a home for himself, or herself, and that he or she has 
not directly or indirectly made, and will not make, any agreement or 
contract in any way or manner, with any person or persons, corporation, 
or syndicate whatsoever, by which the title which he or she might 
acquire from the Government of the United States should inure, in 
whole or in part, to the benefit of any person, except himself, or herself, 
and upon filing such affidavit with the register or receiver on payment 
of five dollars, when the entry is of not more than eighty acres, and 
on payment of ten dollars, when the entry is for more than eighty 
acres, he or she shall thereupon be permitted to enter the amount 
of land specified. (As amended Mar. 3, 1891, 26 Stat., 1098.) 
Certificate and Sec. 2291. No certificate, however, shall be given, or patent issued 

^^ ° ■ therefor, until the expiration of five years fi'om the date of such entry; 

and if at the expiration of such time, or at any time within two years 
thereafter, the person making such entry; or if he be dead, his widow; 
Widows and or in case of her death, his heirs or de\dsee ; or in case of a widow making 
^"^ such entry, her heirs or devisee, in case of her death, proves by two 

credible witnesses that he, she, or they have resided upon or cultivated 
the same for the term of five years immediately succeeding the time of 
filing the affidavit, and makes affidavit that no part of such land has 
been alienated, except as provided in section twenty-two hundred 
and eighty-eight, and that he, she, or they will bear true allegiance to 
the Government of the United States; then, in such case, he, she, or 
they, if at that time citizens of the United States, shall be entitled to a 
patent, as in other cases provided by iaw. 
Infantchildren. Sec. 2292. In case of the death of both father and mother, leaving 
an infant child or children under twenty-one years of age, the right 
and fee shall inure to the benefit of such infant child or children; and 
the executor, administrator, or guardian may, at any time within two 
years after the death of the surviving parent, and in accordance with 
the laws of the State in which such children, for the time being, have 
their domicile, sell the land for the benefit of such infants, but for no 
other purpose; and the purchaser shall acquire the absolute title by 
the purchase, and be entitled to a patent from the United States on 
the payment of the office fees and sum of money above specified. 
Persons in mili- Sec. 2293. In case of any person desirous of availing himself of the 

service ""^ "'*^'^' t>enefits of this chapter, but who, by reason of actual service in the 
military or naval service of the United States, is unable to do the 
person?l preliminary acts at tha district land office which the preced- 
ing sections require; and whose family, or some member thereof, is 
residing on the land which he desires to enter, and upon which a bona 
fide improvement and settlement have been made, such person may 



itAltONAL FOREST MANUAL — LAWS. 23 

make the affidavit required by law before the officer commanding in 
the branch of the service in which the party is engaged, which affidavit 
shall be as binding in law, and with like penalties, as if taken before 
the register or receiver; and upon such affidavit being filed with the 
register by the wife or other representative of the party, the same shall 
become effective from the date of such filing, provided the application 
and affida\dt are accompanied by the fee and commissions as required 
by law. 

Sec. 2294. That hereafter all proofs, affidavits, and oaths of any Affidavits and 
kind whatsoever required to be made by applicants and entrymen ^j^Q^^^^gQ^"""® 
under the homestead, preemption, timber-culture, dasert-land, and 
timber and stone acts, may, in addition to those now authorized to 
take such affidavits, proofs, and oaths, be made before any United 
States commissioner or commissioner of the court exercising Federal 
jurisdiction in the Territory or before the judge or clerk of any court 
of record in the county, parish, or land district in which the lands are 
situated: Provided, That in case the affidavits, proofs, and oaths 
hereinbefore mentioned be taken out of the county in which the land 
is located the applicant must show by affidavit, satisfactory to the Com- 
missioner of the General Land Office, that it was taken before the 
nearest or most accessible officer qualified to take said affidavits, proofs, 
and oaths in the land districts in which the lands applied for are located ; 
but such showing by affidavit need not be made in making final proof 
if the proof be taken in the town or city where the newspaper is pub- 
lished in which the final proof notice is printed. The proof, affidavit, 
and oath, when so made and duly subscribed, or which may have 
heretofore been so made and duly subscribed, shall have the same 
force and effect as if made before the register and receiver, when 
transmitted to them with the fees and commissions allowed and required 
by law. That if any witness making such proof, or any applicant False swearing, 
making such affidavit or oath, shall knowingly, willfully, or corruptly 
swear falsely to any material matter contained in said proofs, affidavits, 
or oaths he shall be deemed guilty of perjury, and shall be liable to 
the same pains and penalties as if he had sworn falsely before the 
register. That the fees for entries and for final proofs, when made 
before any other officer than the register and receiver, shall be as 
follows: 

"For each affidavit, twenty-five cents. Fees. 

"For each deposition of claimant or witness, when not prepared by 
the officer, twenty-five cents. 

"For each deposition of claimant or witness, prepared by the officer, 
one dollar. 

"Any officer demanding or receiving a greater sum for such service 
shall be guilty of a misdemeanor, and upon conviction shall be pun- 
ished for each offense by a fine not exceeding one hundred dollars." 
(As amended Mar. 4, 1904, 33 Stat., 59.) 

* * * * * 

Sec. 2296. No lands acquired under the provisions of this chapter Homesteads 
shall in any event become liable to the satisfaction of any debt con- "^^j. Igbi^* *° 
tracted prior to the issuing of the patent therefor. 

Sec. 2297. If, at any time after the filing of the affidavit, as required 
in section twenty-two hundred and ninety, and Hefore the expiration 
of the five years mentioned in section twenty-two hundred and ninety- 
one, it is proved, after due notice to the settler, to the satisfaction of 
the register of the land office, that the person having filed such affidavit tt ^ '^ I "V" * ® * ° 
has actually changed his residence, or abandoned the land for more ^^^^'^'^ states. 
than six months at any time, then and in that event the land so entered 
shall revert to the Government: Provided, That where there may be 
climatic reasons the Commissioner of the Gener?l Land Office may, 
in his discretion, allow the s<?ttler twelve months from the date of 
filing in which to commence his residence on said land under such 
rules and regulations as he may prescribe. (As amended Mar. 3, 1881, 
21 Stat., 511.) 

Sec. 2298. No person shall be permitted to acquire title to more Limited to 
than one quarter section under the provisions of this chapter. quarter section. 

Sec. 2301. Nothing in this chapter shall be so construed as to pre- Commutation, 
vent any person who shall hereafter avail himself of the benefits of 



24 NATIONAL FOREST MANUAL LAWS. 

section twenty-two hundred and eighty-nine from paying the mini- 
mum price for the quantity of land so entered at any time after the 
expiration of fourteen calendar months fi-om the date of such entry, 
and obtaining a patent therefor, upon making proof of settlement and 
of residence and cultivation for such period of fourteen months, and 
the provision of this section shall apply to lands on the ceded portion 
of tbb Sioux Reservation by act approved March second, eighteen hun- 
dred and eighty-nine, in South Dakota, but shall not relieve said set- 
tlers from any payments now required by law. (As amended Mar. 3, 
1891, 26 Stat., 1098.) _ 
Race and color. Sec. 2302. No distinction shall be made in the construction or exe- 
cution of this chapter on account of race or color; nor shall any 
mineral lands be liable ot entry and settlement under its provision. 

Special Provisions in Favor of Soldiers and Sailors. 

Revised Statutes sections 2300; 2304 and 2305, both as amended by Act of March 1, 1901 
(31 Stat., 487); 2306 and sundry civil appropriation act of August 18, 1894, sec. 1 (28 
Stat., 397); 2307; 2308 and act of June 16, 1898 (30 Stat., 473); 2309. 

Three Year Homestead Law. 

Act of June 6, 1912 (37 Stat. 123). 

That section twenty-two bundled and ninety-one and section 
twenty-two hundred and ninety-seven of the Revised Statutes of the 
United States be amended to read as follows: 
Certificate and "Sec. 2291. No certificate, however, shall be given or patent issued 

patent. therefor until the expiration of three years from the date of such entry; 

and if at the expiration of such time, or at any time within two years 

Bights of widow thereafter, the person making such entry, or if he be dead his widow, 

and heirs. ^j. j^ ^^^^ q£ j^gj, (jeath his heirs or devisee, or in case of a widow 

making such entry her heiis or devisee, in case of her death, proves 
by himself and by two credible witnesses that he, she, or they have 
a habitable house upon the land and have actually resided upon and 
cultivated the same for the term of three years succeeding the time of 
filing the afiidavit, and makes affidavit that no part of such land has 
been alienated, except as provided in section twenty-two hundred 
and eighty-eight, and that he, she, or they will bear true allegiance 
to the Government of the United States, then in such case he, she, 
or they, if at chat time citizens of the United States, shall be entitled 
to a patent, as in other cases provided by law: Provided, That upon 
Leaves of ab- filing in the local land office notice of the beginning of such absence, 

^^^'^- the entryman shall be entitled to a continuous leave of absence from 

the land for a period not exceeding five months in each year after 
establishing residence, and upon the termination of such absence the 
entryman shall file a notice of such termination in the local land office, 
Commutation, but in case of commutation the fourteen months' actual residence 
as now required by law must be shown, and the person commuting 
must be at the time a citizen of the United States: Provided, That 
when the person making entry dies before the offer of final proof 
those succeeding to the entry must show that the entryman had 
complied with the law in all respects to the date of his death and that 
they have since complied with the law in all respects, as would have 
been required of the entiyman had he lived, excepting that they 
are relieved from any requirement of residence upon the land: 
Provided further, That the entryman shall, in order to comply with 
Cultivation. the requirements of cultivation herein provided for, cultivate not 
less than one-sixteenth of the area of his entry, beginning with the 
second year of the entry, and not less than one-eighth, beginning 
with the third year of the entry, and until final proof, except that 
in the case of entries under section six of the enlarged-homestead 
law double the area of cultivation herein provided shall be required, 
but the Secretary of the Interior may, upon a satisfactory showing, 
under rules and regulations prescribed by him, reduce the requu-ed 
area of cultivation: Provided, That the above provision as to culti- 
vation shall not apply to entries under the act of April twenty-eighth, 



:N"ATIOISrAL FOREST MANUAL LAWS. 25 

nineteen hundred and four, commonly known as the Kinkaid Act, ? ® °J ^^- ^,^'*J5 

or entries under the act of June seventeenth, nineteen hundred and Act. Excepted 

two, commonly known as the reclamation act, and that the provisions 

of this section relative to the homestead period shall apply to all 

unperfected entries as well as entries hereafter made upon which 

residence is required: Provided, That the Secretary of the Interior 

shall, within sixty days after the passage of this act, send a copy of 

the same to each homestead entryman of record who may be affected 

thereby, by ordinary mail to his last known address, and any such 

entryman may, by giving notice within one hundred and twenty 

days after the passage of this act, by registered letter to the register 

and receiver of the local land office, elect to make proof upon his entry Right of elec- 

under the law under which the same was made without regard to the '^'°°' 

provisions of this act." [But see next below, from sundry civil 

appropriation act Aug. 24, 1912.] 

"Sec. 2297. If, at any time after the filing of the affidavit as 
required in section twenty- two hundred and ninety and before the 
expiration of the three years mentioned in section twenty-two hundred 
and ninety-one, it is proved, after due notice to the settler, to the 
satisfaction of the register of the land office that the person having 
filed such affidavit has failed to establish residence within six months 
after the date of entry, or abandoned the land for more than six 
months at any time, then and in that event the land so entered shall 
revert to the Government: Provided, That the three years' period of xx^f Y^^*.®*" *° 
residence herein fixed shall date from the time of establishing actual United states. 
permanent residence upon the land: And prorided further. That where C o m m ence- 
there may be climatic reasons, sickness, or other unavoidable cause, S^c^rtain^cas^.'^ 
the Commissioner of the General Land Office may, in his discretion, 
allow the settler twelve months from the date of filing in which to 
commence his residence on said land under such rules and regulations 
as he may prescribe ". 

Sundry civil appropriation act of August 24, 1912 (37 Stat., 455). 

That the failure of a homestead entryman to give notice of election 
of making his proof as required by the act of June sixth, nineteen 
hundred and twelve, being an act to amend sections [twenty-] two 
hundred and ninety-one and [twenty-] two hundred and ninety-seven 
of the Revised Statutes of the United States, relating to homesteads, 
shall not in anywise prejudice his rights to proceed in accordance 
with the law under which such entry was made. 

Act of May 14, 1880, sec. 3 (21 Stat., 140). 

Sec. 3. That any settler who has settled, or who shall hereafter Settlement 
settle, on any of the public lands of the United States, whether sur- ^\?^J' "™® '<"■ 
veyed or unsurveyed, with the intention of claiming the same under 
the homestead laws, shall be allowed the same time to file his home- 
stead application and perfect his original entry in the United States 
Land Office as is now allowed to settlers under the preemption laws to 
put their claims on record, and his right shall relate back to the date 
of settlement the same as if he settled under the preemption laws. 

Act of March 3, 1911 (36 Stat., 1084), validating certain homestead entries in National 

Forests. 

That all homestead entries which have been canceled or relin- Canceled or re- 
quished, or are invalid solely because of the erroneous allowance of j.g]^g"|tg'^(j g^^"^ 
such entries after the withdrawal of lands for national forest purposes, 
may be reinstated or allowed to remain intact, but in the case of 
entries heretofore canceled applications for reinstatement must be 
filed in the proper local land office prior to July first, nineteen hundred 
and twelve. 

Sec. 2. That in all cases where contests were initiated under the Contests, pref- 
provisions of the act of May fourteenth, eighteen hundred and eighty, ®'"®"** ''^'^'^• 
prior to the withdrawal of the land for national forest purposes, the 
qualified successful contestants may exercise their preference right to 
enter the land within six months after the passage of this act. 



26 NATIONAL FOREST MANUAL — LAWS. 

Act of March 3, 1891 (26 Stat., 1093). 

AN ACT To amend section eight of an act approved March third, eighteen hundred 
and ninety-one, entitled "An act to repeal timber culture laws and for other purposes." 

That section eight of an act entitled "An act to repeal timber-culture 
laws, and for other purposes" approved March third, eighteen hundred 
and ninety-one, be, and the same is hereby amended so as to read as 
follows: 
Suite to vacate "Sec. 8. That suits by the United States to vacate and annul any 
^ ° ^' patent heretofore issued shall only be brought within five years from 

the passage of this act, and suits to vacate and annul patents hereafter 
issued shall only be brought within six years after the date of the 
issuance of such patents.' And in the States of Colorado, Montana, 
Idaho, North Dakota, and South Dakota, Wyoming and the District 
of Alaska, and the gold and silver regions of Nevada and the Territory 
of Utah, in any criminal prosecution or civil action by the United 
States for a trespass on such public timber lands or to recover timber 
or lumber cut thereon, it shall be a defense if the defendant shall 
show that the said timber was so cut or removed from the timber lands 
for use in such State or Territoiy by a resident thereof for agricultural, 
mining, manufacturing, or domestic purposes under rules and regula- 
tions made and prescribed by the Secretary of the Interior, and has 
not been transported out of the same; but nothing herein contained 
shall operate to enlarge the rights of any railway company to cut 
timber on the public domains: Provided, That the Secretary of the 
Interior may make suitable rules and regulations to carry out the 
provisions of this act and he may designate the sections or tracts of 
land where timber may be cut, and it shall not be lawful to cut or 
remove any timber except as may be prescribed by such rules and 
regulations; but this act shall not operate to repeal the act of June 
third, eighteen hundred and seventy-eight, providing for cutting of 
timber on mineral lands. 

Act of February 3, 1911 (36 Stat., 896). 
AN ACT Providing for second homestead and desert-land entries. 

Second home- That any person, who, prior to the approval of this act, has made 
s ea entries. entry under the homestead or desert-land laws, but who, subsequently 
to such entry, from any cause shall have lost, forfeited or abandoned 
the same, shall be entitled to the benefits of the homestead or desert- 
land laws as though such former entry had not been made, and any per- 
son applying for a second homestead or desert-land entry under this 
act shall furnish a description and the date of his former entry: Provided, 
That the provisions of this act shall not apply to any person whose 
former entry was canceled for fraud, or who relinquished his former 
entry for a valuable consideration in excess of the filing fees paid by 
him on his original entry. 

See also act of June 5, 1900, see. 2 (31 Stat., 267); act of May 22, 1902, sec. 2 (32 Stat., 203); 
and act of Feb. 8, 1908 (35 Stat., 6). 

Limitation to 320 Acres under all Land Laws, Excepting Min- 
eral Laws. 

Act August 30, 1S90 (26 Stat., 391). 

Act March 3, 1S9I, section 17 (20 Stat., 1095). 

Free Homesteads on Certain Indian Lands Opened to Settle- 
ment. 

Act May 17, 1900 (31 Stat., 179). 
Act June 26, 1901 (31 Stat., 740). 

Additional Homestead Entries. 

Act March 2, 18S9, .section 6 (25 Stat., 854). 

Act April 28, 1904, sections 2 and 3 (33 Slat., 527). 

1 Such suits must be based on a showing of fraud as distinguished from noncompliance 
with law, and the evidence of fraud must be clear, unequivocal, and convincing, and not 
a bare preponderance of evidence which leaves the issue in doubt (U. S. v. Barber, 194 
Fed., 24). 



NATIONAL FOREST MANUAL LAWS. 27 

Enlarged Homesteads in Certain States. 

Act February 19, 1909 (35 Stat., 639). ^ 

Act June 17, 1910 (36 Stat., 531). 

Contests and Cancellation of Claim. Preference Right. 

Act May 14, 1880, section 2 (21 Stat., 140), as amended by act July 26, 1892 (27 Stat. 
270). 

Act March 3, 1911, section 2 (36 Stat., 1084). 

Commutation Provisions. 

Act June 3, 1896, section 2 (29 Stat., 197). 

Act May 29, 1908, sections 9 and 10 (35 Stat., 465). 

Homestead by Married Woman. 

Act June 6, 1900 (31 Stat., 683). 

Settlers Who Become Insane. 

Act June 8, 1880 (21 Stat., 166). 

Leaves of Absence. 
Act March 2, 1889 (25 Stat., 864), and various acts of local application. 

Final Proof Notices. 

Act March 3, 1879 (20 Stat., 472). 

Act March 2, 1889, section 7 (25 Stat., 854). 

Distinction Between Offered and Unoffered Lands Abolished. 

Act May 18, 1898 (30 Stat., 418). 

Relinquishments. 

Act May 14, 1880 (21 Stat., 140). 

General Provisions op the Homestead Laws Extended to Cer- 
tain Lands in the Yellowstone (now Shoshone) National 
Forest, etc. 

Act March 15, 1906 (34 Stat., 62). 

Homesteads in Former Siletz Indian Reservation. 

Act August 15, 1894 (28 Stat., 286, p. 320). 
Act March 4, 1911 (36 Stat., 1356). 

Homestead Laws Extended to Alaska, with Modifications, etc. 

Act May 14, 1898, section 1 (30 Stat., 409), as amended by act March 3, 1903 (32 Stat., 
1028). 

Lands in the Black Hills Forest Reservation, Settled upon 
and Improved before September 19, 1898, may be Entered 
Under the Homestead Laws, etc. 

Sundry civil appropriation act of March 3, 1899 (30 Stat., 1074, p. 1095). 

Decisions under the Homestead Laws. 

Lands subject to settlement and entry. — Land not susceptible of culti- 
vation or other agricultural use can not be entered under the homestead 
law; and an affidavit charging such facts is sufficient basis for a hear- 
ing. (Davis V. Gibson, 38 L. D., 265.) 



28 liTATIONAL FOREST MANUAL LAWS. 

Land which is so mountainous, rough, broken, heavily timbered, and 
of such poor quality that it is impossible of cultivation is not subject 
to homestead entry. (Winninghoff v. Ryan, 40 L. D., 342.) 

The fact that land is covered with valuable timber does not exclude it 
from entry under the homestead law, where of such character that it 
would be suitable for agricultural use if the timber were removed; but 
land of a character not adaptable to any agricultural use is not subject 
to homestead entry. (Finley v. Ness, 38 L. D., 394; see also Davis v. 
Gibson, 38 L. D., 265. 

Lands having little or no agricultural value and chiefly valuable as 
containing the entrance to an extensive and beautiful cavern is not 
enterable under the homestead laws by one whose acts show that he 
desires the land for the control of the cavern and not for a bona fide 
agricultural home. (South Dakota Min. Co. v. McDonald, 30L. D., 357.) 
_ Qualifications of entrymm. — Section 2289 of the Re\ased Statutes spe- 
cifically declares that one who is the proprietor of more than 160 acres 
of land is disqualified to make homestead entry, and the Land Depart- 
ment is therefore without power of invoking the maxim de minimis 
non curat lex to hold so qualified one who owns more than 160 acres, 
notwithstanding the excess may be less than 1 acre . ( In this case home- 
stead entryman owned 160 acres and a town lot 50 by 142 feet.) (Sorli 
V. Berg, 40 L. D., 259.) 

One who enters into an oral agreement to purchase land and makes 
part payment of the purchase price is not the proprietor of land within 
the meaning of the provisions of the homestead law declaring disquali- 
fied to make homestead entry one who is the proprietor of more than 
160 acres where under the laws of that State such oral agreement and 
part payment do not constitute such part performance as will take the 
contract out of the statute of frauds. (Earhart v. Rein, 38 L. D., 613.) 

Heirs. — On the death of a homesteader leaving widow and heirs the 
widow takes the homestead right of her husband free from any claim on 
behalf of the heirs, and is vested with full power to complete the entry 
for her own benefit, or relinquish the same, if she so elects. (Steberg 
V. Hanelt, 26 L. D., 436.) 

On the death of the entryman, the right goes to the widow, or in case 
of her death, to the heirs or devisee, who may complete the entry by 
either residing on the land or cultivating the same for the requfred 
period, but need not do both. (Heirs of Stevenson v. Cunningham, 
32 L. D., 650; see also Meeboer v. Heirs of Schut, 35 L. D., 335.) 

The heirs of a deceased homestead entryman, who during his lifetime 
failed to comply with the law, may complete the entry by either resid- 
ing upon or cultivating the land for the full period of five years, if 
sufficient of the lifetime of the entry remains for that purpose; or may 
commute upon a showing of residence and cultivation for a period of 
14 months but can not commute upon a showing of cultivation alone. 
(Wilson V. Hefrs of Smith, 37 L. D., 519.) 

Upon the death of an entryman those upon whom the statute casts 
the right to perfect title under the entry are merely required to con- 
tiaue cultivation and improvement of the land, so that failure to cul- 
tivate in any given year subjects the entry to contest and possible 
cancellation. (Hon v. Martinas, 41 L. D., 119.) This case overrules 
Heirs of Stevenson v. Cunningham, Meeboer v. Heirs of Schut, and 
Wilson V. Heirs of Smith, supra, so far as in conflict. 

Squatters on unsurveyed lands. — Settlements may be made under the 
homestead laws by all persons qualified to make either an original or 
a second homestead entry, * * * and in order to make settlement 
a settler must personally go upon and improve or establish residence on 
the land he desfres. By making settlement in this way, the settler 
gains the right to enter the land settled upon as against all other per- 
sons, but not as against the Government, should the land be withdrawn 
by it for other purposes. (Par. 4, Suggestions to Homesteaders and 
Persons Desfring to Make Homestead Entries, approved Apr. 20, 1911.) 

The qualifications requisite on the part of a homesteader must exist 
at the date of entry and li, after settlement and prior to entry, the settler 
for any reason becomes disqualified, the privilege gained by settlement 
is lost. (Brown v. Cagle, 30 L. D., 8.) 



NATIONAL FOEEST MANUAL LAWS. 29 

The widow of a homestead settler who had not prior to his death , 

established bona fide residence on the land must thereafter both reside 
on and cultivate the land in her own right at least in the presence of 
a forest withdrawal. (Susan A. Leonard, 40 L. D., 429.) 

Residence. — The object of the homestead laws is the donation of public 
lands to persons seeking to establish and maintain agricultural homes 
thereon, conditioned upon actual occupancy of the same as a home, and 
cultivation and improvement of the land; and mere occasional visits 
to the claim do not meet the requirements of the law. (Oscar O. Reeg, 
40 L. D., 206.) 

The homestead law contemplates a continuous compliance both as 
to residence and cultivation, beginning with the date of entry. (Hon 
V. Martinas, 41 L. D., 119.) 

The law contemplates that the entryman shall make the land his 
permanent home to the exclusion of a home elsewhere; and an entry 
merely for the purposes of a summer home during three or four months 
of the year while maintaining a home elsewhere the rest of the time is 
invalid. (George W. Harpst, 36 L. D., 166.) 

A homestead entry made with no intention of establishing a perma- 
nent, bona fide home upon the land, but merely with a view to submit- 
ting a showing sufficient to support commutation, must be canceled, 
notwithstanding the proof shows full technical compliance with respect 
to inhabitancy of the land for the period ordinarily required in commu- 
tation cases. (Gilbert Satrang, 37 L. D., 683, syllabus.) 

Credit for constructive residence during official employment will 
not be allowed to homestead entrymen appointed to office on or after 
March 1, 1909. Such credit will be given only to entrymen who 
establish residence on their claims and are thereafter elected to office. 
(37 L. D., 449.) 

Commutation — Residence. — The purpose of the homestead law is the 
donation of the public lands to actual settlers seeking to establish bona 
fide homes thereon, and the provision respecting commutation in no 
wise changes that purpose, but merely affords a means of commuting 
further residence to cash in meritorious cases, lawfully initiated and 
prosecuted to the date of commutation. (Gilbert Satrang, 37 L. D., 
683, syllabus.) 

Credit for constructive residence during official employment will 
not be allowed in the commutation of homestead entries. Commuta- 
tion may be allowed only upon a showing of actual and substantially 
continuous presence upon the land for the required period. (Ed. Jen- 
kins, 37L. D., 434.) 

The fact that lands may be chiefly valuable for the timber thereon 
does not exclude them from settlement and entry under the homestead 
law, but it must clearly.appear that the settlement or entry was made 
in good faith, for the purpose of making the tract a home, and where 
the entryman in such case submits commutation proof and pays a 
price to cut short the period of residence required by the homestead 
law, he invites scrutiny and challenges judgment as to the good faith 
of his entry. (Patten v. Quackenbush, 35 L. D., 561.) 

Cultivation. — Cultivation is an essential requisite to compliance with 
the homestead law, and a hearing may be had on a charge of nouculti- 
vation, even when unaccompanied by a sufficient charge of nonresi- 
dence. (Norton v. Ackley, 29 L. D., 561.) 

Under the three-year homestead law a mere breaking of the soil 
will not meet the terms of the statute, but such breaking or stirring 
of the soil must also be accompanied by planting or the sowing of 
seed and tillage for a crop other than native grasses. Circular of July 
15, 1912 (41 L. D., 103, 105.) 

The homestead law "requires not only bona fide residence upon the 
land, but actual cultivation. Claimant's cultivation is grossly inade- 
quate to meet the requirements of the law, and in its inadequacy casts 
further doubt upon the bona fides of the residence. The cutting of 
wild hay from a homestead entry can not be considered seriously as cul- 
tivation of the land. This is particularly true when the part of the land 
from which the hay was not cut has not been used for grazing purposes; 
and also when the total cultivation during the life of the ontry amounts 
to not more than half an acre planted to crops and an additional acre 



30 NATIONAL FOREST MANUAL LAWS. 

* plowed. A pretense of cultivation can not satisfy the requirements 

of the law any more than a pretense of residence." (Ingelev J. Glom- 
set, 36 L. D., 255.) 

The use of land for the raising of hogs is an agricultural use, and 
where the land is better adapted to that use than tillage of the soil, 
meets the requirements of the homestead law with respect to cultiva- 
tion. (George Hathaway, 38 L. D., 33, syllabus.) 

Cultivation must be continuous from date of entry. (Hon v. Mar- 
tinas, 41 L. D., 119.) 

Contest and -protest. — The proviso to section 7 of the act of March 3, 
1891, directing issuance of patent where two years have elapsed since 
issuance of final receipt in the absence of contest or protest, has no appli- 
cation to proceedings by the Land Department m disposing of final 
proof after the lapse of two years. (Mertie C. Fraganza, 40 L. D., 300.) 

In this case there is no individual adverse claimant, but the Govern- 
ment, by its Chief Executive, has claimed the land within the bound- 
aries of said reservation for a specific public purpose (i. e. a forest 
reservation), excepting only the lands comin" within the above cate- 
gory; and the Executive order, reserving the land for a specific public 
purpose must be held to be at least as effective upon the claims of set- 
tlers as would be the adverse claim of one who wished the land for his 
own use." Held, therefore, that a settler who failed to file his applica- 
tion for entry within three months after the plat of survey was filed in 
the local land office, was precluded from making entry in the presence 
of an intervening forestry withdrawal. (Joshua L. Smith, 31 L. D., 57; 
see also Hattie E. Bradley, 34 L. D., 191, 193, and Esther F. Filer, 36 
L. D., 360, 363.) 

A decision by the Secretary of the Interior that a telegram and letter 
from a special agent of the General Land Office, alleging fraud in a num- 
ber of commuted entries and suggesting delay in issuing patents pend- 
ing further examination, constitutes a "protest" in the meaning of the 
act of March 3, 1891 (26 Stat., 1099), requiring issuance of patent within 
two years after final receipt when no "contest or protest is pending," 
is not reviewable on an application for a writ of mandamus. Fisher v. 
United States ex rel., Grand Rapids Timber Co. (Ct. of Appeals D. C), 
40 L. D., 278. 

Section 2 of the act of March 3, 1911 (36 Stat., 1084), validating cer- 
tain homestead entries in national forests applies to all contests initi- 
ated under the act of May 14, 1880, prior to the forestry withdrawal, 
where cancellation of the entry results therefrom, regardless of whether 
the cancellation was procured prior or subsequent to the withdrawal. 
(Sante Fe Pacific R. R. Co., 39 L. D., 611.) 

Miscellaneous. — The excepting clause of the Olympic National Forest 
proclamation ceases to apply in behalf of a settler who fails to make 
entrv or filing for the lands within the time allowed by law. (Arnold 
Wink, 31 L. D., 47.) 

On the relinquishment of a homestead entry within the San Francisco 
Mountains Forest Reserve, the lands become a part of the forest reserve 
and are not open to subsequent entry. (E. S. Gosney, 29 Ij. D., 44.) 

Three-year homestead law. — See Circular of July 15, 1912. (41 L. D., 
103.) 

AGRICULTURAL LANDS IN NATIONAL FORESTS. 

Act of June 11, 1906 (34 Stat., 233), to provide for the entry of agricultural lands within 

forest reserves. 

Secretary of Ag- The Secretary of Agriculture may, in his discretion, and he is hereby 

ized ^uf^lilt^agri- authorized, upon application or otherwise, to examine and ascertain 

cultural lands. as to the location and extent of lands within permanent or temporary 

forest reserves, except the following counties in the State of California, 

Inyo, Tulare, Kern, San Luis Obispo, Santa Barbara, Ventura, Los 

Angeles, San Bernardino, Orange, Riverside, and San Diego; which 

are chiefly valuable for agriculture, and which, in his opinion, may 

be occupied for agricultural purposes without injury to the forest 

reserves, and which are not needed for public purposes, and may list 

Metes and and describe the same by metes and bounds, or otherwise, and file tlie 

WoiS. ^®^°"^ lists and descriptions with the Secretary of the Interior, with the 

request that the said lands be opened to entry in accordance with the 

provisions of the homestead laws and this act. 



NATIONAL FOREST MANUAL LAWS. 31 

Upon the filing of any such list or description the Secretary of the Secretary of the 
Interior shall declare the said lands open to homestead settlement and open^lands to en- 
entry in tracts not exceeding one hundred and sixty acres in area and try. 
not exceeding one mile in length, at the expiration of sixty days from 
the filing of the list in the land office of the district within which the 
lands are located , during which period the said list or description shall 
be prominently posted in the land office and advertised for a period of Lands shall be 
not less than four weeks in one newspaper of general circulation pub- ^ ^^^ ^^'^ ' 
lished in the county in which the lands are situated: Provided. That 
any settler actually CMjcupying and in good faith claiming such lands 
for agricultural purposes prior to January first, nineteen himdred and 
six, and who shall not have abandoned the same, and the person, if 
qualified to make a homestead entry, upon whose application the land 
proposed to be entered was examined and listed, shall, each in the 
order named, have a preference right of settlement and entry: Pro- 
vided further, That any entryman desiring to obtain patent to any lands 
described by metes and bounds entered by him under the provisions 
of this act shall, within five years of the date of making settlement, 
file, with the required proof of residence and cultivation, a plat and p]j^^ ^^^^ ggj^j 
field notes of the lands entered, made by or under the direction of the notes to be filed. 
United States surveyor general, showing accurately the boundaries of 
such lands, which sliall be distinctly marked by monuments on the 
ground, and by posting a copy of such plat, together with a notice of Notices shall be 
the time and place of offering proof, in a conspicuous place on the land ^°^ 
embraced in such plat during the period prescribed by law for the 
publication of his notice of intention to offer proof, and that a copy of 
such plat and field notes shall also be kept posted in the office of the 
register of the land office for the land district in which such lands are 
situated for a like period; and further, that any agricultural lands 
within forest reserves may, at the discretion of the Secretary, be sur- Secretary may 
veyed by metes and boimds, and that no lands entered under the Ind'bounds"^^ ^^ 
provisions of this act shall be patented under the commutation pro- 
visions of the homestead laws, but settlers, upon final proof, shall have ciause^not^appli^ 
credit for the period of their actual residence upon the lands covered by cable, 
their entries. 

Sec. 2. That settlers upon lands chiefly valuable for agriculture Additional 
within forest reserves on January first, nineteen hundred and six, who "c^tuai ^'^l^tlers 
have already exercised or lost their homestead privilege, but are other- prior to Jan. l, 
wise competent to enter lands under the homestead laws, are hereby 1906. 
granted an additional homestead right of entry for the purposes of this 
act only, and such settlers must otherwise comply with the provisions 
of the homestead law, and in addition thereto must pay two dollars 
and fifty cents per acre for lands entered under the provisions of this 
section, such payment to be made at the time of making final proof 
on such lands. 

Sec. 3. That all entries under this act in the Black Hills Forest Entries in Black 
Reserve shall he subject to the quartz or lode mining laws of the United quartz^ and" lode 
States, and the laws and regulations permitting the location, appro- mining law. 
priation, and use of the waters within the said forest reserves for minmg, 
irrigation, and other purposes; and no titles acquired to agricultural 
lands in said Black Hills Forest Reserve under this act shall vest in the Limitation con- 
patentee any riparian rights to any stream or streams of flowing water rfghte^in^Black 
within said reserve; and that such limitation of title shall be expressed Hills. 
in the patents for the lands covered by such entries. 

Sec. 4. That no homestead settlements or entries shall be allowed La\vTence and 
in that portion of the Black Hills Forest Reserve in Lawrence and counties "except 
Pennington Counties in South Dakota [except the following described ed. 
townships in the Black Hills Forest Reserve, in Pennington County, 
South Dakota, to wit: Townships one north, one east; two north, one 
east; one north, two east; two north, two east; one south, one east; 
two south, one east; one south, two east; and two south, two east, 
Black Hills meridian], except to persons occupying lands therein prior 
to January first, nineteen hundred and six, and the provisions of this 
act shall apply to the said counties in said reserve only so far as is 
necessary to give and perfect title of such settlers or occupants to lands Actual settlers 
chiefly valuable for agriculture therein occupied or claimed by them ^^^^^ ^^^' ^' 



32 NATIONAL FOEEST MANUAL LAWS. 

prior to the said date, and all homestead entries imder this act in said 
counties in said reserve shall be described by metes and bounds survey. 
(Section 4 is amended to read as above by the act of February 8, 1907 
(34 Stat. 883).) 

Settlement be- Sec. 5. That nothing herein contained shall be held to authorize any 
fore opening is future settlement on any lands within forest reserves until such lands 

^^^^' have been opened to settlement as provided in this act, or to in any 

way impair the legal rights of any bona fide homestead settler who has 
or shall establish residence upon public lands prior to their inclusion 
within a forest reserve. 

(The act of May 30, 1908, 35 Stat., 554, provides that the above act 
"be amended by striking out of section 1 the following words: 'Except 
the following counties in the State of California: Inyo, Tulare, Keni, 
Ventura, Los Angeles, San Bernardino, Orange, Riverside, and San 
Diego.' " It will be noted that while the excepting words are stricken 
out the names of San Luis Obispo and Santa Barbara Counties are not 
stricken out). 

Certain lands in Lawrence and Pennington Counties, S. Dak., ex- 
cepted from the operation of section 4 of the act of June 11, 1906, 
but continued subject to all other provisions of said act. (Act July 3, 
1912, 37 Stat., 188.) 

Agricultural appropriation act of August 10, 1912 (37 Stat. 269). 

Surveys by For the expenditure under the direction of the Secretary of Agn- 

Forest Service, culture for survey and listing of lands within forest reserves chiefly 

valuable for agriculture and describing the same by metes an, 'nds, 

or otherwise, as required by the act of June eleventh, nineteen ^. .uured 

and six, and the act of March third, eighteen hundred and ninety-nine, 

thirty-five thousand dollars: Provided, however, That any such survey 

and the plat and field notes thereof paid for out of this appropriation 

shall be made by an employee of the Forest Service under the direction 

Listed lands re- of the United States Surveyor General, but no land listed under the 

tf^'^tenteT*"'^' ^^^ ^^ ^^^^ eleventh, nineteen hundred and six, shall pass from the 

1 pa n . forest until patent issues. 

Agricultural appropriation act of August 10, 1912 (37 Stat. 269). 

Segregation of That the Secretary of Agriculture is hereby directed and required 

agricultural ^Q select, classify, and segregate, as soon as practicable, all lands within 

^^ ^' the boundaries of National Forests that may be opened to settlement 

and entry under the homestead laws applicable to the National Forests, 

and the sum of twenty-five thousand dollars is hereby appropriated 

for the purposes aforesaid. 

Decisions Relating to the Listing of Agricultural Lands fob 
Entry— Act June 11, 1906 (34 Stat., 233). 

The words "chiefly valuable for agriculture," as used in this statute 
mean merely more valuable for agriculture than for forestry purposes 
and a listing of the lands involves no determination as to their mineral 
or nonmineral character. (1 Sol. Op., 188.) 

In the act of June 11, 1906, authority to list agricultural lands "not 
needed for public purposes" means lands not needed for the govern- 
mental uses and purposes of the United States and does not extend to 
a need of the land for summer homes, camping and other methods of 
recreation. (Memorandum of Solicitor to Secretary of Agriculture, 
Nov. 8, 1911.) 

Lands included in a temporary withdrawal with a view to the creation 
or enlargement of a National Forest and which are chiefly valuable for 
agriculture may be listed for entry under this act. (28 Op. Atty. Gen., 
424, 522.) 

The preference right of settlement and entry given by the act of June 
11, 1906, to the person on whose application agricultural lands have been 
listed for entry with the Secretary of the Interior, ceases upon the elimi- 
nation of the lands from the National Forest by presidential proclama- 
tion or Executive order. "As soon as such lands are restored to the 
public domain they lose entirely the National Forest status and the act 



NATIONAL FOREST MANUAL LAWS. 38 

of June 11, 1906, has no application thereto." (Letter Secretary of 
the Interior to Secretary of Agriculture, Mar. 16, 1912.) 

The decision last above announced is not affected by the provision 
in the Agricultural Appropriation Act of August 10, 1912 (37 Stat. 
269), that "no lands listed * * * shall pass from the forest 
until patent issues." Taken in connection with the words preceding 
them, these words mean only that the lands shall not pass by virtue of 
the listing, and they do not limit the power of the President to elimi- 
nate lands by proclamation or Executive order. (Solicitor to the 
Forester, Aug. 31, 1912.) 

Prior to the enactment of the provision quoted in the preceding para- 
graph, the Comptroller of the Treasury and the Solicitor had both made 
the following ruling: 

Lands once listed under the act of June 11, are segregated from the 
National Forest and the Forest Service is not authorized to expend its 
appropriations for surveying the same. (Opinion of Comp. Treas., Oct. 
21, 1910 (unpublished); 1 Sol. Op., 363.) 

Lands within a National Forest listed under the act of June 11, 1906, 
are not subject to disposition under the enlarged homestead act of 
February 19, 1909 (35 Stat. 639). (Burtis F. Oatman, 39 L. D. 604). 

mining laws. 

Basic Provisions of the Mining Laws Most Generally Affecting 
Forest-service Work. 
-iiod b 

''"rrrf UNITED STATES REVISED STATUTES. 

Sec. 2318. In all cases lands valuable for minerals shall be reserved Mineral land 
from sale, except as otherwise expressly directed by law. reserved. 

Sec. 2319. All valuable mineral deposits in lands belonging to the Mineral lands 
United States, both surveyed and unsurveyed, are hereby declared to open to purchase 
be free and open to exploration and purchase, and the lands in which ^ ^^ ^^^^ns. 
they are found to occupation and purchase, by citizens of the United 
States and those who have declared their intention to become such, 
under regulations prescribed by law, and according to the local cur- 
toms or rules of miners in the several mining districts, so far as the 
same are applicable and not inconsistent with the laws of the United 
States. 

Sec. 2320. Mining claims upon veins or lodes of quartz or other rocks . Length of min- 
in place bearing gold, silver, cinnabar, lead, tin, copper, or other val- "efas or^es.^° 
uable deposits, heretofore located, shall be governed as to length along 
the vein or lode by the customs, regulations, and laws in force at the 
date of their location. A mining claim located after the tenth day of 
May, eighteen hundred and seventy-two, whether located by one or 
more persons, may equal, but shall not exceed, one thousand five hun- 
dred feet in length along the vein or lode; but no location of a mining 
claim shall be made until the discovery of the vein or lode within the 
limits of the claim located. No claim shall extend more than three 
hundred feet on each side of the middle of the vein at the surface, nor 
shall any claim be limited by any mining regulation to less than 
twenty-five feet on each side of the middle of the vein at the surface, 
except where adverse rights existing on the tenth day of May, eighteen 
hundred and seventy-two, render such limitation necessary. The end 
lines of each claim shall be parallel to each other. 

Sec. 2322. The locators of all mining locations heretofore made or Locators' righte 
which shall hereafter be made, on any mineral vein, lode, or ledge, enjoynfent?" ^'^ 
situated on the public domain, their heirs and assigns, where no adverse 
claim exists on the tenth day of May, eighteen hundred and seventy- 
two, so long as they comply with the laws of the United States, and 
with State, Territorial, and local regulations not in conflict with the 
laws of the United States governing their possessory title, shall have 
the exclusive right of possession and enjoyment of all the surface 
included within the lines of their locations, and of all veins, lodes. 
and ledges throughout their entire depth, the top or apex of which lies 

66777°— 13 3 



84 



NATIONAL FOREST MANUAL LAWS. 



Extra-lateral 
rights. 



Owners of tun- 
nel sites. 



R e g u 1 a t i ons 
made by miners. 



Marking bound- 
aries. 



Annual labor. 



Patents for min- 
eral lands, how 
obtained. 



inside of such surface lines extended downward vertically, although 
such veins, lodes, or ledges may so far depart from a perpendicular in 
their course downward as to extend out side the vertical side lines of such 
surface locations. But their right of possession to such outside parts of 
such veins or ledges shall be confined to such portions thereof as lie 
between vertical planes drawn downward as above described, through 
the end lines of their locations, so continued in their own direction that 
such planes will intersect such exterior parts of such veins or ledges. 
And nothing in this section shall authorize the locator or possessor of a 
vein or lode which extends in its downward course beyond the vertical 
lines of his claim to enter upon the surface of a claim owned or possessed 
by another. 

Sec. 2323. Where a tunnel is run for the development of a vein or 
lode, or for the discovery of mines, the owners of such tunnel shall have 
the right of possession of all veins or lodes within three thousand feet 
from the face of such tunnel on the line thereof, not previously known 
to exist, discovered in such tunnel, to the same extent as if discovered 
from the surface; and locations on the liner of such tunnel of veins or 
lodes not appearing on the surface, made by other parties after the 
commencement of the tunnel, and while the same is being prosecuted 
with reasonable diligence, shall be invalid, but failure to prosecute the 
work on the tunnel for six months shall be considered as an abandon- 
ment of the right to all undiscovered veins on the line of such tunnel. 

Sec. 2324. The miners of each mining distiict may make regulations 
not in conflict with the laws of the United States, or with the laws of 
the State or Territory in which the district is situated, governing the 
location, manner of recording, amount of work necessary to hold pos- 
session of a mining claim, subject to the following requirements: The 
location must be distinctly marked on the ground so that its boundaries 
can be readily traced. All records of mining claims hereafter made 
shall contain the name or names of the locators, the date of the location, 
and such a description of the claim or claims located by reference to 
some natural object or permanent monument as will identify the claim. 
On each claim located after the tenth day of May, eighteen hundred 
and seventy-two, and until a patent has been issued therefor, not less 
than one hundred dollars' worth of labor shall be performed or improve- 
ments made during each year. On all claims located prior to the tenth 
day of May, eighteen hundred and seventy-two, ten dollars' worth of 
labor shall be performed or improvements made by the tenth day of 
June, eighteen hundred and seventy-foiu-, and each year thereafter, for 
each one hundred feet in length along the vein until a patent has been 
issued therefor; but where such claims are held in common, such ex- 
penditure may be made upon any one claim; and upon a failure to 
comply with these conditions the claim or mine upon which such fail- 
m-e occurred shall be open to relocation in the same manner as if no 
location of the same had ever been made, provided that the original 
locators, their heirs, assigns, or legal representatives, have not resumed 
work upon the claim after failure and before such location. Upon the 
failure of any one of several co-owners to contribute his proportion of 
the expenditures required hereby, the co-owners who have performed 
the labor or made the improvements may, at the expiration of the 
year, give such delinquent co-owner personal notice in writing or 
notice by publication in the newspaper published nearest the claim 
for at least once a week for ninety days, and if at the expiration of 
ninety days after such notice in writing or by publication such delin- 
quent should fail or refuse to contribute his proportion of the expend- 
iture required by this section his interest in the claim shall become 
the property of his co-owners who have made the required expenditures. 
[Provided, That the period within which the work required to be done 
annually on all unpatented mineral claims shall commence on the first 
day of January succeeding the date of location of such claim, and this 
section shall apply to all claims located since the tenth day of May, 
anno Domini eighteen hundred and seventy-two. Amendment of 
Jan. 22, 1880, 21 Stat., 61.] 

Sec.. 2325. A patent for any land claimed and located for valuable 
deposits may be obtained in the following manner: Any person, associ- 
ation, or corporation authorized to locate a claim under this chapter, 



NATIONAL FOREST MANUAL LAWS. 36 

having claimed and located a piece of land for such purposes, who has, 
or have, complied with the terms of this chapter, may file in the proper 
land office an application for a patent, under oath, showing such com- 
pliance, together with a plat and field notes of the claim or claims in 
common, made by or under the direction of the United States surveyor 
general, showing accurately the boundaries of the claim or claims, 
which shall be distinctly marked by monuments on the ground, and 
shall post a copy of such plat, together with a notice of such applica- 
tion for a patent, in a conspicuous place on the land embraced m such 
plat previous to the filing of the application for a patent, and shall 
file an affidavit of at least two persons that such notice has been duly 
posted, and shall file a copy of the notice in such land oflBce, and shall 
thereupon be entitled to a patent for the land, in the manner following: 
The register of the land office, upon the filing of such application, plat, 
field notes, notices, and affidavits, shall publish a notice that such 
application has been made, for the period of sixty days, in a newspaper 
to be by him designated as published nearest to such claim; and he 
shall also post such notice in his office for the same period. The claim- 
ant at the time of filing this application, or at any time thereafter, 
within the sixty days of publication, shall file with the register a cer- 
tificate of the United States surveyor general that five hundred dollars' 
worth of labor has been expended or improvements made upon the 
claim by himself or grantors; that the plat is correct, with such further 
description by such reference to natural objects or permanent monu- 
ments as shall identify the claim, and furnish an accurate description 
to be incorporated in the patent. At the expiration of the sixty days 
of publication the claimant shall file his affidavit, showing that the 
plat and notice have been posted in a conspicuous place on the claim 
during such period of publication. If no adverse claim shall have been 
filed with the register and the receiver of the proper land office at the 
expiration of the sixty days of publication, it shall be assumed that the 
applicant is entitled to a patent, upon the payment to the proper 
officer of five dollars per acre, and that no adverse claim exists; and 
thereafter no objection from third parties to the issuance of a patent 
shall be heard, except it be shown that the applicant has failed to 
comply with the terms of this chapter. [Provided, That where the 
claimant for a patent is not a resident of or within the land district 
wherein the vein, lode, ledge, or deposit sought to be patented is located, 
the application for patent and the affidavits required to be made in this 
section by the claimant for such patent may oe made by his, her, or 
its authorized agent, where said agent is conversant with the facts 
sought to be established by said affidavits. Amendment of Jan. 22, 
1880, 21 Stat., 61.] 

Sec. 2327. The description of vein or lode claims upon surveyed Description of 
lands shall designate the location of the claims with reference to the i^de'claims'''^ ^^ 
lines of the public sm'vey, but need not conform therewith; but where 
patents have been or shall be issued for claims upon unsurveyed lands, 
the surveyors general, in extending the public sm-vey, shall adjust 
the same to the boundaries of said patented claims so as in no case to 
interfere with or change the true location of such claims as they are 
officially established upon the ground. "WTiere patents have issued Patents to con- 
fer mineral lands, those lands only shall be segregated and shall be I'orm to official 
deemed to be patented which are bounded by the lines actually monuments, 
marked, defined, and established upon the gi'ound by the monuments 
of the official spvey upon which the patent grant is based, and sur- 
veyors general in executing subsequent patent surveys, whether upon 
surveyed or unsurveyed lands, shall be governed accordingly. The Monuments to 
said monuments shall at all times constitute the highest authority as fiJ^^'^ descnp- 
to what land is patented, and in case of any conflict between the said 
monuments of such patented claims and the descriptions of said claims 
in the patents issued therefor the monuments on the ground shall 
govern, and erroneous or inconsistent descriptions or calls in the 
patent descriptions shall give way thereto. (As amended April 28, 
1904 (33 Stat., 545).) 

Sec 2329. Claims usually called "placers," including all forms of Conformity of 
deposit, excepting veins of quartz, or other rock in place, shall be Furveys^UiSto/° 
subject to entry and patent, under like circumstances and conditions, ' 



36 NATIONAL FOEEST MANUAL — -LAWS. 

and upon similar proceedings, as are provided for vein or lode claims; 
but where the lands have been previously surveyed by the United 
States, the entry in its exterior limits shall conform to the legal sub- 
divisions of the public lands. 
Subdivisions of Sec. 2330. Legal subdivisions of forty acres may be subdivided 
maximum'^of^pk- ^^^° ten-acre tracts; and two or more persons, or associations of persons, 
cer locations. ' having contiguous claims of any size, although such claims may be 
less than ten acres each, may make joint entry thereof; but no location 
of a placer claim, made after the ninth day of July, eighteen hundred 
and seventy, shall exceed one hundred and sixty acres for any one 
person or association of persons, which location shall conform to the 
United States sm-veys; and nothing in this section contained shall 
defeat or impair any bona fide preemption or homestead claim upon 
agricultural lands, or authorize the sale of the improvements of any 
bona fide settler to any purchaser. 
Conformity of Sec. 2331. Wliereplacer claims are upon surveyed lands, and conform 
survevs^'^\taita° ^'^ legal subdivisions, no further survey or plat shall be required, and 
tions of claims, all placer-mining claims located after the tenth day of May, eighteen 
hundred and seventy-two, shall conform as near as practicable with 
the United States system of public -land surveys, and the rectangular 
subdivisions of such surveys, and no such location shall include more 
than twenty acres for each individual claimant; but where placer 
claims can not be conformed to legal subdivisions, survey and plat 
shall be made as on unsurveyed lands; and where by the segi-egation 
of mineral lands in any legal subdivision a quantity of agricultiual 
land less than forty acres remains, such fractional portion of agiicultural 
land may be entered by any party qualified by law, for homestead or 
preemption purposes. 
What evidence Sec. 2332. Where such person or association, they and their grant- 
to ^^esta^bl^if'^'^ a ^^^' have held and worked their claims for a period equal to the time 
right to a patent, prescribed by the statute of limitations for mining claims of the State 
or Territory where the same may be situated, evidence of such posses- 
sion and working of the claims for such period shall be sufficient to 
establish a right to a patent thereto under this chapter, in the absence 
of any adverse claim; but nothing in this chapter shall be deemed to 
impair any lien which may have attached in any way whatever to any 
mining claim or property thereto attached prior to the issuance of a 
patent. 
Patents fornon- Sec. 2337. Where nonmineral land not contiguous to the vein or lode 
mineral lands, jg ^g^^ ^^ occupied by the proprietor of such vein or lode for mining 
or milling purposes, such nonadjacent surface groimd may be embraced 
and included m an application for a patent for such vein or lode, and 
the same may be patented therewith, subject to the same preliminary 
requirements as to survey and notice as are applicable to veins or lodes; 
but no location hereafter made of such nonadjacent land shall exceed 
five acres, and payment for the same must be made at the same rate 
as fixed by this chapter for the superficies of the lode. The owner of 
a quartz mill or reduction works, not owning a mine in connection 
therewith, may also receive a patent for his mill site, as provided in 
this section. 

Act of January 31, 1901 (31 Stat., 745), extending mining laws to saline lands. 

Mining laws ex- That all unoccupied public lands of the United States containing 
tended to saline g^j^ springs, or deposits of salt in any form, and chiefly valuable 
therefor, are hereljy declared to be subject to location and purchase 
under the provisions of the law relatmg to placer-mining claims: 
Provided, That the same person shall not locate or enter more than one 
claim hereunder. 

A(7t of August 4, 1892 (27 Stat., 548), to authorize the entry of lands chiefly valuable 
for building stone under the placer mining laws. 

Entry of lands That any person authorized to enter lands under the mining laws of 

for bmlding stone the United States may enter lands that are chiefly valuable for building 

under the placer- stone under the provisions of the law in relation to placer-mineral 

mining laws. claims: Provided, That lands reserved for the benefit of the public 

schools or donated to any State shall not be subject to entry under 

this act. 



NATIONAL FOKEST MANUAL LAWS. 37 

Act of February 11, 1897 (29 Stat., 526), to authorize the entry and patenting of lands 
containing petroleum and other mineral oils under the placer mining laws of the 
United States. 

That any person authorized to enter lands under the mining laws Entry and pat- 
of the United States may enter and obtain patent to lands containing contafning petrel 
petroleumor other mineral oils, and chiefly valuable therefor, under leum and other 
the provisions of the laws relating to placer mineral claims: Provided, mineral oils un- 
That lands containing such petroleum or other mineral oils which ^Qing laws'^^*^" 
have heretofore been filed upon, claimed, or improved as mineral, 
but not yet patented, may be held and patented under the provi- 
sions of this act the same as if such filing, claim, or improvement 
were subsequent to the date of the passage hereof. 

Other Provisions op the Mining Laws. 

Proof of citizenship. (Rev. Stat., sec. 2321.) 

Proceedings on adverse claim. (Rev. Stat., sec. 2326; act Mar. 3, 
1881, 21 Stat., 505; act Apr. 26, 1882, 22 Stat., 49.) 

Pending applications, existing rights preserved. (Rev. Stat., sec. 
2328.) 

Veins within placer claims. (Rev. Stat., sec. 2333.) 

Intersecting veins. (Rev. Stat., sec. 2336.) 

Local legislation for working, drainage, etc. (Rev. Stat., sec. 2338.) 

Rights to water and ditches confirmed. (Rev. Stat., sec. 2339.) 

Patents, etc., subject to vested rights of way and water rights. 
(Rev. Stat., sec. 2340.) 

Homesteads on lands classed as mineral. (Rev. Stat., sec. 2341, 
2342.) 

Mineral laws not applicable to Michigan, Wisconsin, Minnesota, 
Missouri, and Kansas. (Rev. Stat., sec. 2345; act May 5, 1876, 19 
Stat., 52.) 

Mineral laws extended over Wichita lands, Oklahoma. (Act of Mar. 2 
1895, 28 Stat., 876.) 

Expenditures in tunnels applicable to lodes. (Act of Feb. 11, 1876, 
18 Stat., 315.) 

Mining Laws in Alaska.. 

Mining laws extended; mining districts, records, etc. (Act of May 17, 
1884; sec. 8, 23 Stat., 24; act June 6, 1900, sees. 15 and 26, 31 Stat., 
321, 326, 330.) 

Mining rights extended to native citizens of Canada. (Act of May 14, 
1898, 30 Stat., 415.) 

Labor and improvements. (Act of Mar. 2, 1907, 35 Stat., 1243.) 

Extension of time for filing adverse claims and suits. (Act of June 7, 
1910, 36 Stat., 459.) 

Amendments and modifications of mining laws in Alaska. (Act of 
Aug. 1, 1912, 37 Stat., 242.) 

Decisions Under the Mining Laws. 

As to when mining claims are part of the National Forest lands, see footnote, page 6, 

ante. 

Rights of locators or owners. — Under the act of June 4, 1897, authoriz- 
ing the location of mining claims within forest reserves the rights of the 
locator are substantially the same as those of a locator on the public 
lands under section 2322, Revised Statutes. (United States v. Riz- , 

zinelli (C. C. D., Idah9), 182 Fed., 675.) 

The owner of a mining claim has the right of exclusive possession 
and enjoyment, but for mining purposes alone (citations infi-a.). Prior 
to patent he can not maintain a liquor saloon on his claim (United 
States V. Rizzinelli, 182 Fed., 675); or sell timber or hay therefrom 
(Teller v. United States, 113 Fed., 273; 1 Sol. Op., 188.) Nor, on the 
other hand, can the Secretary of Agriculture authorize any use of the 
claim, even for purposes foreign to mining, against the objection of the 



38 NATIONAL FOREST MANUAL LAWS. 

owner, but if the latter waives his right of exclusive possession by 
arrangement with a power permittee, the power permit becomes 
effective on the land, and the Government may impose a charge for its 
use. (2 Sol. Op., 763; see also 2 Sol. Op., 865.) 

Where, however, timber on a mining claim, by reason of insect in- 
festation, is a menace to the surrounding National Forest timber, the 
Government may sell it. (Lewis v. Garlock — United States, inter- 
vener, 168 Fed., 153.) 

Poivers and duties of Land Department. — The Government is a party in 
interest in every case involving the disposal of the public lands, and 
when such lands are sought to be acquired under any of the public 
land laws (in this case the mineral laws), it is not only within the power 
but it is the duty of the Land Department to see that the lands are dis- 
posed of according to law, and not in violation or evasion of the law. 
(Grand Canyon Ry.Co. v. Cameron, 36 L. D., 66.) 

Should the c[uestion of the character of the land be properly pre- 
sented at any time before patent, it would manifestly be the duty of the 
[Interior] Department to ascertain whether or not the land contains 
"valuable deposits" in an ex parte case or a contest. The fact that a 
claim is contested would not change the character of the land to be 
taken under this law. In any event, it must contain "valuable de- 
posits." (The Royal K Placer, 13 L. D., 86-89.) 

The Land Department has full authority of its own motion or at the 
instance of others to inquire into and determine whether mining loca- 
tions within the National Forests were preceded by the requisite 
discovery of mineral and whether the lands are of the character sub- 
ject to occupation and purchase under the mining laws, notwithstand- 
ing the locator has not applied for patent; and if the locations are found 
invalid the lands covered thereby will be administered as part of the 
National Forest without regard to such locations. (H. H. Yard et al., 
38 L. D., 59.) 

_ Lands belonging to the United States can not be lawfully located, or 
title thereto by patent legally acquired, under the mining laws, for 
purposes or uses foreign to those of mining or the development of 
minerals; and should it be shown in case of an application for mineral 
patent that the claims applied for were not located in good faith for 
mining purposes, but for the purpose of securing control of a trail upon 
lands belonging to the United States, susceptible of such control by 
reason of the surrounding physical conditions, so as to place the claim- 
ant in a position to charge for the privilege of using the trail, and 
thereby to prevent the free and unrestricted use thereof by the public, 
such claims would be fraudulent from their inception, and patents 
thereto could not be obtained under the mining laws. (Grand Canyon 
Ry. Co. V. Cameron, 36 L. D., 67.) 

Lands subject to mineral entry — Discovery. — If the land contains gold 
or other valuable deposits in loose earth, sand, or gravel which can be 
secured with profit, that fact will satisfy the demand of the Govern- 
ment as to the character of the land as placer ground, whatever the 
incidental advantages it may offer to the applicant for a patent. 
(United States v. Iron Silver Mining Co., 128 U. S., 673, 684.) 

To sustain an application for mineral patent, as against persons 
alleging the land to be nonmineral, it must appear that mineral exists 
in quantity and value sufficient to subject it to disposal under the min- 
ing laws. In other words, the land must be shown to contain valuable 
deposits of mineral, which means more than a mere discovery that 
might be sufficient to support a location in the first instance. (Brophy 
V. O'Hare, 34 L. D., 596.) 

Under the established rule that wh.en public land is sought to be 
taken out of the category of agricultural lands the evidence of its min- 
eral character should be reasonably clear, the finding of colors of gold, 
even though fairly good prospects of gold, in placer prospecting, is not 
sufficient to establish the mineral character of the ground and sustain 
a mineral location thereof as against a prior entry under the homestead 
laws. (State v. Tanana Mines R. Co., 148 Fed., 678, syllabus.) 

Land not shown to contain valuable minerals of the kinds usually 
developed by mining operations, but which is chiefly valuable because 
it controls the entrance to a cavern containing crystalline deposits, 



J^ATIOKAL FOREST MANUAL LAWS. 39 

specimens of which are sold for profit, is not subject to location under 
the mineral laws. (South Dakota Mining Co. v. McDonald, 30 L. D., 
357.) 

While the statute does not prescribe what is necessary to constitute 
a discovery under the mining laws of the United States, it is essential 
that it gives reasonable evidence of the fact either that there is a vein 
or lode carrying precious minerals, or if it be claimed as placer ground 
that it is valuable for such mining; and where there is not enough in 
what a locator claims to have seen to justify a prudent person in the 
expenditure of money and labor in exploitation this court will not 
overthrow a finding of the lower court that there was no discovery. 
(Chrisman v. Miller, 197 U. S., 313, syllabus.) 

The exposure of substantially worthless deposits on the surface of a 
lode mining claim; the finding of mere surface indications of mineral 
within its limits; the discovery of valuable mineral deposits outside the 
claim, or deductions from established geological facts relating to it, 
one or all of which matters may reasonably give rise to a hope or belief, 
however strong it may be, that a valuable mineral deposit exists within 
the claim, will neither suffice as a discovery thereon, nor be entitled 
to be accepted as the equivalent thereof. (East Tintic Consolidated 
Mining Claim, 40 L. D., 271.) 

The exposure of substantially valueless deposits on the surface of a 
lode mining claim, in themselves insusceptible of practical develop- 
ment, but which taken in connection with other established geological 
and mineralogical conditions in the district lead to the hope or belief 
that a valuable mineral deposit exists within the claim, does not con- 
stitute the discovery of a vein or lode within the meaning of the law nor 
afford a valid basis for a lode location. (Rough Rider and other Lode 
Claims, 41 L. D., 243.) 

Country rock in which it is claimed "kidneys" of copper ore may be 
expected to be found, is not itself a lode within the meaning of the 
mining laws, and the exposure of such rock within the limits of a lode 
claim, which may or may not contain mineral, does not constitute the 
discovery of a vein or lode within the meaning of the law, and is not a 
sufficient basis to support a lode location. (Rough Rider and other 
Lode Claims, 41 L. D., 255.) 

The location of a lode mining claim must be supported by the dis- 
covery of the vein or lode within the limits of the claim located; and 
the exposure of substantially worthless deposits on the surface of a claim, 
which from observation and geological inference are supposed to indi- 
cate that other and unconnected veins or lodes lie at a greater depth, 
does not constitute a discovery within contemplation of the law, and is 
not a sufficient basis for a valid location. (East Tintic Consolidated 
Mining Co. (on rehearing), 41 L. D., 255.) 

Vein or lode "as used in the acts of Congress is applicable to any 
zone or belt of mineralized rock lying within boundaries clearly sepa- 
rating it from the neighboring rock. ' ' "In general, it may be said th at 
a lode or vein is a body of mineral or mineral body of rock, within 
defined boundaries, in the general mass of the mountain. ' ' (Iron Silver 
Mining Co. i;. Cheesman, 116 U. S., 529, 534.) 

Discovery is a prerequisite to initiation of title under the mining 
laws. (Bakersfield Fuel & Oil Co., 39 L. D., 460.) 

To constitute a valid discovery upon a lode mining claim for which 
patent is sought there must be actually and physically exposed 
within the limits thereof a vein or lode of mineral-bearing rock in 
place, possessing in and of itself a present or prospective value for 
mining purposes. (East Tintic Consolidated Mining Claim, 40 L. D., 
271; see also Waskey v. Hammer, 223 U. S., 85.) 

Deposits of slate, which do not carry deposits of any other valuable 
mineral, when found in quantity and quality sufficient to render the 
land more valuable on that account than for agricultural purposes, are 
subject to appropriation under the placer mining laws. (Roy McDon- 
ald et al., 40 L. D., 7.) 

Valuable deposits of onyx in well-defined fissures in rock in place are 
subject to appropriation under the lode mining laws. (Utah Onyx 
Development Co., 38 L. D., 504.) 



40 NATIONAL FOREST MANUAL — LAWS. 

The act permitting entry under the placer minii^ laws of lands 
chiefly valuable for building stone applies only to deposits of stone of 
special or peculiar value for structural work, such as the erection of 
houses, office buildings, and such other recognized commercial uses 
as demand and will secure the profitable extraction and marketing of 
the product. It does not apply to stone suitable only for building 
foundations, fences, abutments, or other rough work and which is 
widely distributed over large regions of territory. (Ex parte Stanislaus 
Electric Power Co., decision of Secretary of the Interior, Sept. 4, 1912; 
unpublished as yet.) 

A deposit of clay suitable for use in the manufactiu*e of Portland 
cement does not render the land containing it subject to disposition 
under the placer mining laws. (Battancourt v. Fitzgerald, 40 L. D., 
620.) 

A deposit of brick clay is not mineral within the meaning o£ the 
mining laws. (King et al. v. Bradford, 31 L. D., 108.) 

Deposits of gravel and sand, suitable for mixing with cement for 
concrete construction, but having no particular property or character- 
istic giving them special value, and deriving their chief value from 
proximity to a town, do not render the land in which they are found 
mineral m character within the meaning of the mining laws, or bar 
entry under the homestead laws, notwithstanding the land may be 
more valuable on account of such deposits than for agricultural pur- 
poses. (Zimmerman v. Brunson, 39 L. D., 310.) 

A placer location of 160 acres made by eight persons, which is invalid 
for lack of discovery, can not be perfected after its transfer to a single 
individual by a subsequent discovery. (H. H. Yard et al., 38 L. D., 
59.) 

A single discovery of mineral sufficient to authorize the location of 
a placer claim does not conclusively establish the mineral character 
of all the land included in the claim, and the question as to the char- 
acter of the land is open to investigation by the land department at 
any time until patent issues. (American Smelting & Refining Co., 39 
L. D., 299.) 

In determining the character of land embraced in a placer location, 
10-acre tracts, normally in square form, are the units of investigation 
and determination, and if any such area is found to be nonmineral it 
should be eliminated from the claim. (American Smelting & Refining 
Co., 39 L. D., 299.) 

Location and boundaries — Conflicts — Errors of description. — The posi- 
tion of conflicting mining claims and their positions with relation to 
each other, must be determined as the claims are defined and estab- 
lished on the ground, and all errors of description must give way 
thereto. (United States Mining Co. v. Wall, 39 L. D., 546.) 

Improvements. — Labor and improvements are deemed to have been 
made upon a mining claim, whether it consists of one location 
or several, when the labor is performed or the improvements are made 
for its development — that is, to facilitate the extraction of the metals — 
though in fact such labor and improvements may be on ground which 
originally constituted only one of the locations, as in sinking a shaft, 
or at a distance from the claim itself, as where the labor is performed 
for the turning of a stream or the introduction of water, or where 
the improvement consists in the construction of a flume to cany off 
the debris or waste material. (Smelting Co. v. Kemp, 104 U. S., 
636, 655; Copper Glance Lode, 29 L. D. 542.) 

Labor or improvements to be credited toward meeting the require- 
ments of the statute as to expenditures on a mining claim must actually 
promote or directly tend to promote the extraction of mineral from the 
land, or forward or facilitate the development of the claim as a mine 
or_ ruining claim, or be necessary for its care or the protection of the 
mining works thereon or pertaining thereto. (Highland Marie and 
Manilla Mining Claims, 31 L. D., 370 

An expenditure of $500 in labor or improvements to be available as a 
basis for patent to a mining claim must have been made upon or for the 
benefit of the location for which patent is sought; and the work per- 
formed upon and for the benefit of a 20-acre placer location is not avail- 
able as a patent expenditure for the benefit of a maximum location of 



NATIONAL FOREST MANUAL — LAWS. 41 

160 acres by eight persons embracing the 20-acre location and 140 acres 
of entirely new ground. (Charles H. Head et al., 40 L. D., 135). 

In determining whether the requisite expenditure of $500 in labor 
or improvements has been made upon a mining claim for which patent 
is asked, the proper test is whether the reasonable value of the work 
performed or improvements relied upon amounts to that sum. Proof of 
the actual amount paid or of the actual number of days spent in prose- 
cution of such work is not conclusive. (Samuel B. Beatty et al., 40 
L. D., 486). 

Improvements made prior to the location of the mining claim or 
claims to which their value is sought to be accredited are not available 
toward meeting the requirements of the statute relative to expendi- 
tures. (Tough Nut No. 2 and Other Lode Claims, 36 L. D., 9.) 

No part of a wagon road lying partly within and partly without the 
limits of a group of mining claims-constructed and used for the purpose 
of transporting machinery and supplies to and ore from the group is 
available toward meeting the requirement of the statute respecting 
expenditures prerequisite to patent. (Fargo Group No. 2 Lode Claims, 
37 L. D., 404). 

Mill site. — The continued use or occupancy for mining or milling 
purposes is necessary to maintain a valid mill-site location. Weber v. 
Carroll, unreported; decided by the Secretary of the Interior, January 
16, 1905. 

A mill-site location may be contiguous with the side of a lode claim. 
(Yankee Mill Site, 37 L. D., 674.) 

A mill site is required to be used or occupied distinctly and explicitly 
for mining or milling purposes in connection with the lode claim with 
which it is associated * * *. Some step in or directly connected 
with the process of mining or some feature of milling must be performed 
upon or some recognized agency of operative mining or milling must 
occupy the mill site at the time patent thereto is applied for to come 
within the purview of the statute. (Alaska Copper Co., 32 L. D. , 128.) 

MINERAL SPRINGS AND LANDS ADJACENT. 

Act of February 28, 1899 (30 Stat., 908), to authorize the Secretary of the Interior to rent 
or lease certain portions of forest reserves. 

The Secretary of the Interior * * * hereby ia authorized, under Leasing of lands 
such rules and regulations as he from time to time may make, to rent eral^springs ™™' 
or lease to responsible persons or corporations applying therefor suitable 
spaces and portions of ground near, or adjacent to, mineral, medicinal, 
or other springs, within any forest reserves established within the 
United States, or hereafter to be established, and where the public is 
accustomed or desires to frequent, for health or pleasure, for the purpose 
of erecting upon such leased ground sanitariums or hotels, to be opened 
for the reception of the public. And he is further authorized to make 
such regulations, for the convenience of people visiting such springs, 
with reference to spaces and locations, for the erection of tents or tem- 
porary dwelling houses to be erected or constructed for the use of those 
visiting such springs for health or pleasure. And the Secretary of the 
Interior is authorized to prescribe the terms and duration and the 
compensation to be paid for the privileges granted under the provisions 
of this act. 

Decisions Relating to Mineral Springs. 

The waters of mineral, medicinal, and saline springs on the public 
domain are under the sole control of the United States, as a land owner, 
and are not subject to appropriation under State laws or to the riparian 
right to continued flow. (2 Sol. Op., 951.) 

Authority to administer the act of 1899 as to springs and lands in the 
national forests passed to the Secretary of Agriculture under the forest 
transfer act of February 1, 1905. (Same.) 

The act of 1899 is exclusi^je, and no permits can be granted under 
the forest administrative act of June 4, 1897. (Same.) 

The said act does not authorize a lease of the springs themselves or 
the granting of special privileges therein. Nor does it contemplate a 
lease of all the available notel or sanitarium sites to one party. (Same.) 



42 National forest manual — laws. 

The mineral springs act of February 28, 1899, extends to national 
forests in Alaska. (2 Sol. Op., 870.) 

National forest lands in Alaska surrounding hot or mineral springs, 
and which have been withdrawn by the President under the act of 
June 25, 1910, can not be leased under the act of February 28, 1899, or 
their use permitted under the act of June 4, 1897, while the withdrawal 
remains in force. (2 Sol. Op., 870.) 

coal-land laws. 

Basic Provisions. 

united states revised statutes. 

Entry of coal Sec. 2347. Every person above the age of twenty-one years, who is 
lands. ^ citizen of the United States, or who has declared his intention to 

become such, or any association of persons severally qualified as above, 
shall, upon application to the register of the proper land office, have 
the right to enter, by legal subdivisions, any quantity of vacant coal 
lands of the United States not otherwise appropriated or reserved by 
competent authority not exceeding one hundred and sixty acres to 
such individual person, or three hundred and twenty acres to such 
association, upon payment to the receiver of not less than ten dollars 
per acre for such lands where the same shall be situated more than 
fifteen miles from any completed railroad, and not less than twenty 
dollars per acre for such lands as shall be within fifteen miles of such 
road. 
Preemption of Sec. 2348. Any person or association of persons severally qualified, 
coal lands. .^^ above provided, who have opened and improved, or shall hereafter 

open and improve, any coal mine or mines upon the public lands, and 
shall be in actual possession of the same, shall be entitled to a pref- 
erence right of entry, under the preceding section, of the mines so 
opened and improved: Provided, That when any association of not less 
than four persons, severally qualified as above provided, shall have 
expended not less than five thousand dollars in working and improving 
any such mine or mines, such association may enter not exceeding six 
hundred and forty acres, including such mining improvements, 
cl^msofwf iV °d ®^*^' 2^'^^- -^^^ claims under the preceding section must be presented 
to be presented to the register of the proper land district within sixty days after the 
within 60 days, date of actual possession and the commencement of improvements on 
®''''- the land, by the filing of a declaratory statement therefor; but when 

the township plat is not on file at the date of such improvement, filing 
must be made within sixty days from the receipt of such plat at the 
district office; and where the improvements shall have been made prior 
to the expiration of three months from the third day of March, eighteen 
hundred and seventy- three, sixty days from the expiration of such 
three months shall be allowed for the filing of a declaratory statement, 
and no sale under the provisions of this section shall be allowed until 
the expu-ation of six months from the third day of March, eighteen 
hundred and seventy-three. 
Only one entry Sec. 2350. The three preceding sections shall be held to authorize 
allowed. only one entry by the same person or association of persons; and no 

association of persons any member of which shall have taken the benefit 
of such sections, either as an individual or as a member of any other 
association, shall enter or hold any other lands under the provisions 
thereof; and no member of any association which shall have taken the 
benefit of such sections shall enter or hold any other lands under their 
provisions ; and all persons claiming under section twenty-three hundred 
and forty-eight shall be required to prove their respective rights and 
pay for the lands filed upon within one year from the time prescribed 
for filing their respective claims; and upon failure to file the proper 
notice, or to pay for the land within the required period, the same 
shall be subject to entry by any other qualified applicant. 
Conflicting Sec. 2351. In case of conflicting claims upon coal-lands where the 
claims. improvements shall be commenced, after the third day of March, 

eighteen hundred and seventy-three, priority of possession and im- 
provement, followed by proper filing and continued good faith, shall 
determine the preference-right to purchase. And also where improve- 
ments have already been made prior to the third day of March, eighteen 



NATIONAL FOEEST MANUAL LAWS. 43 

hundred and seventy- three, division of the land claimed may be made 
lay legal subdivisions, to include, as near as may be, the valuable 
improvements of the respective parties. The Commissioner of the 
General Land Office is authorized to issue all needful rules and regula- 
tions for carrying into effect the provisions of this and the four pre- 
ceding sections. 

Sec. 2352. Nothing in the five preceding sections shall be construed Rights reserved, 
to destroy or impair any rights which may have attached prior to the 
third day of March, eighteen hundred and seventy-three, or to authorize 
the sale of lands valuable for mines of gold, silver, or copper. 

Surface Patents on Good-faith Entries of Coal Lands. 

Act of March 3, 1909 (35 Stat., 844), for the protection of the surface rights of entrymen. 

Agricultural Entry for Surface op Lands Classified or With- 
drawn AS Coal Lands. (Not Applicable to Alaska.) 

Act of June 22, 1910 (36 Stat., 583), to provide for agricultural entry of coal lands. 
Act of April 30, 1912 (37 Stat., 105) .supplementing above. 

Coal-land Laws Extended to Alaska. 
Act of June 6, 1900 (31 Stat., 658). 

Amendments to Coal-land Laws in Alaska. 

Act of April 28, 1904 (33 Stat., 525). 
Act of May 28, 1908 (35 Stat., 424). 

Decisions Under the Coal-land Laws, 
coal lands. 

Coal lands are mineral lands within the meaning of the act of June 4, 
1897, and as such are subject to entry, when found in forest reserves, 
the same as other mineral lands within such reserves. (T. P. Crowder, 
30 L. D., 92; see also Brown v. N. P. R. R. Co., 31 L. D., 29.) 

Citizens in need of coal for their own use, who have not initiated 
claims under coal-land laws, have no authority to take any coal from 
National Forest lands, either with or without a permit from the Secre- 
tary of Agriculture. (1 Sol. Op., 477.) 

The act of April 28, 1904 (33 Stat., 525), amending the coal-land 
laws, as theretofore extended to Alaska, did not remove the restriction 
as to the quantitj^ of such lands enterable by one person or association, 
but merely provided a method by which unsurveyed coal lands in 
Alaska could be acquired subject to the limitations of the general coal- 
land laws. (The Cunningham claims (United States v. Schofield 
et al.) ; decision of Commissioner of the General Land Office of June 21, 
1911, affirmed and adopted by Interior Department, Aug. 29, 1912.) 

Open cuts and tunnels made merely for the purpose of ascertaining 
whether a group of claims contains coal and not with the intent to 
develop operating mines do not satisfy the statutory requirement as 
to opening and improving. (Same.) 

Persons who file declaratory statements and then abandon them 
without valid cause or excuse are disqualified to make new entries. 
(Same.) 

The benefits of the act of May 28, 1908, authorizing the consolidation 
of claims or locations of coal lands in Alaska, can be shared only by 
persons who made such locations in good faith — that is, honestly and 
lawfully— prior to November 16, 1906, in their own interests individ- 
ually, without fraud, collusion, or deceit, or any purpose to violate 
any provision of the law. (Op. Atty. Gen., 38 L. D., 86.) 

An individual or association expending time and money in an honest 
effort to open and develop coal deposits is not a trespasser and is entitled 
to the coal extracted as an incident to the reasonable prosecution of 
the work. (Ghost v. United States (C. C. A. Eighth Circuit), 168 Fed., 
841.) 



44 iiTATIOKAL FOREST MANUAL LAWS. 

It is unlawful for a corporation, some of whose stockholders have 
made coal entries, to acquire coal lands in excess of 320 acres as the 
result of a scheme whereby some of its officers and employees make 
entries in their own names but for its benefit and at its expense, and, 
after securing patents, convey the lands to the corporation. An 
incorporated company is an "association of persons," in the meaning 
of the coal-land laws. (United States v. Trinidad Coal Co., 137 U. S. 
160.) 

TIMBER AND STONE LAWS. 

Act of June 3, 1878 (20 Stat., 89) for the sale of timterlands. 

^Surveyed tim- That surveyed public lands of the United States within the (public 
lands ^"^may^ °be ^^^'^ ') States, not included within military, Indian, or other reserva- 
sold. tiona of the United States, valuable chiefly for timber, but unfit for 

cultivation, and which have not been offered at public sale,^ according 
to law, may be sold to citizens of the United States, or persons who have 
declared their intention to become such, iu quantities not exceeding 
one hundred and sixty acres to any one person or association of persons, 
at the minimum price of two dollars and fifty cents per acre; and lands 
valuable chiefly for stone may be sold on the same terms as timber 
Existing claims lands: Provided, That nothing herein contained shall defeat or impair 
preserved. any bona fide claim under any law of the United States, or authorize 

the sale of any mining claim, or the improvements of any bona fide 
settler, or lands containing gold, silver, cinnabar, copper,' or coal, or 
lands selected by the said States under any law of the United States 
donating lands for internal improvements, education, or other pur- 
poses: And provided further, That none of the rights conferred by the 
act approved July twenty-sixth, eighteen hundred and sixty-six, 
entitled "An act granting the right of way to ditch and canal owners 
over the public lands, and for other purposes, ' ' shall be abrogated by 
b'^*T^ *? ^ this act; and all patents granted shall be subject to any vested and 
of way. ° ^^^ ^ accrued water rights, or rights to ditches and reservoirs used in connec- 
tion with such water rights, as may have been acquired under and by 
the provisions of said act; and such rights shall be expressly reserved 
in any patent issued vmder this act. 
Mode of pro- Sec. 2. That any person desiring to avail himself of the provisions 
ce ure. . ^^ ^j^^^ ^^^ shall file with the register of the proper district a written 

statement in duplicate, one of which is to be transmitted to the General 
Land Office, designating by legal subdivisions the particular tract of 
land he desires to purchase, setting forth that the same is unfit for 
cultivation, and valuable chiefly for its timber or stone; that it is 
uninhabited; contains no mining or other improvements, except for 
ditch or canal purposes, where any such do exist, save such as were 
made by or belonged to the applicant, nor, as deponent verily believes, 
any valuable deposit of gold, silver, cinnabar, copper, or coal; that de- 
ponent has made no other application luider this act; that he does not 
apply to purchase the same on speculation, but in good faith to appro- 
priate it to his own exclusive use and benefit, and that he has not, 
directly or indirectly, made any agreement or contract, in any way or 
manner, with any person or persons whatsoever, by which the title 
which he might acquire from the Government of the United States 
should inure, in whole or in part, to the benefit of any person except 
himself; which statement must be verified by the oath of the applicant 
before the register or the receiver of the land office within the district 
where the land is situated; and if any person taking such oath shall 
swear falsely in the premises, he shall be subject to all the pains and 
penalties of perjury, and shall forfeit the money which he may have 
paid for said lands, and all right and title to the same; and any grant or 
conveyance which he may have made, except in the hands of bona fide 
purchasers, shall be null and void. 

Sec. 3. That upon the filing of said sta-tement, as provided in the 
second section of this act, the register of the land office shall post a 
notice of such application, embracing a description of the land by legal 



1 Amendment of Aug. 4, 1892 (27 Stat., 348). 

' The distinction between offered and unoffered lands was abolished by the act of 
May 18, 1898 (30 Stat., 418), as to homestead and timber and stone entries. 



NATIONAL FOREST MANUAL LAWS. 45 

subdivisions, in his office, for a period of sixty days, and shall furnish 
the applicant a copy of the same for publication, at the expense of such 
applicant, in a newspaper published nearest the location of the prem- 
ises, for a like period of time; and after the expiration of said sixty days, 
if no adverse claim shall have been filed, the person desiring to purchase 
shall furnish to the register of the land office satisfactory evidence, first, 
that said notice of the application prepared by the register as aforesaid 
was duly published in a newspaper as herein required ; secondly, that 
the land is of the character contemplated in this act, unoccupied and 
without improvements, other than those excepted, either mining 
or agricultural, and that it apparently contains no valuable deposits of 
gold, silver, cinnabar, copper, or coal; and upon payment to the proper 
officer of the purchase money of said land, together with the fees of the 
register and receiver, as provided for in case of mining claims in the 
twelfth section of the act approved May tenth, eighteen hundred and 
seventy-two, the applicant may be permitted to enter said tract, and, 
on the transmission to the General Land Office of the papers and testi- 
mony in the case, a patent shall issue thereon: Provided, That any 
pei-son having a valid claim to any portion of the land may object, in 
writing, to the issuance of a patent to lands so held by him, stating the 
nature of his claim thereto; and evidence shall be taken, and the merits 
of said objection shall be determined by the officei"s of the land office, 
subject to appeal, as in other land cases. Effect shall be given to the 
foregoing provisions of this act by regulations to be prescribed by the 
Commissioner of the General Land Office. * * * 

Limitation to 320 Acres Under all Land Laws Excepting 
Mineral Laws. 

Act of August 30, 1890 (26 Stat., 391 ). 

Act of March 3, 1891, section 17 (26 Stat., 1095). 

Decisions under the Timber and Stone Laws. 

Regulations under the Timber and Stone Law including method of 
appraisement (37 L. D., 289). 

An Executive order reserving lands for forestry purposes has the 
same effect, as against an application to purchase under the timber 
and stone laws, as adverse claim of an individual. (Hattie E. Bradley, 
34 L. D., 191.) 

Where an applicant fails to submit proof on the day fixed in the pub- 
lished notice, or, in case of accident or unavoidable delay causing 
default, within 10 days thereafter, a forestry withdrawal theretofore 
made immediately attaches and becomes effective on the land regard- 
less of the fact that the applicant, within such 10-day period, has 
filed application to readvertise notice of intention to submit proof. 
(Same; see also M. Edith Curtis, 33 L. D., 265.) 

An agreement or contract made by a timber and stone entryman, 
prior to fiaal proof and the issuance of certificate for the sale of the 
timber on the land, is a violation of the provisions against speculative 
entry for the benefit of another. (Granville M. Boyer, 34 L. D., 581.) 

After full payment of the purchase price and the issuance of final 
certificate under the timber and stone laws, the land department is 
without jurisdiction except to determine whether the land was subject 
to entry and whether the entryman was qualified to make the entry 
and had in all respects complied with the law; and a subsequent 
withdrawal for power purposes is unauthorized and does not warrant 
the withliolding of patent. (Charles W. Pelham, 39 L. D., 201.) 

The entire management of these entries was in the hands of an agent 
of the Martin-Alexander Co. It furnished the moneys both for the 
purchase prices, and all expenses, and it is not easy to believe that it 
did all this on a mere expectation that after the entries had been made, 
it would purchase the timber. It is a much more reasonable conclu- 
sion that it had an understanding with the parties making the entries 
respecting purchases and prices. * * * We agree with the Court 
of Appeals that the testimony points strongly to the fact that the 



46 



NATIONAL FOKEST MANUAL LAWS. 



entries were in pursuance of an understanding or agreement with 
the Martin-Alexander Co. that, as it was advancing all the money, the 
entryman should convey to it the standing timber at a fixed price. 
(United States v. Detroit Lumber Co., 200 U. S., 321.) 

The act does not in any respect limit the domain which the purchaser 
has over the land after it is purchased from the Government, or restrict, 
in the slightest, his power of alienation. All that it denounces is a 
prior agreement, the acting for another in the purchase. If, when the 
title passed from the Government, no one save the purchaser has any 
claim for it, the act is satisfied. Montgomery might rightfully come 
or send into that vicinity and make known generally or to individuals 
a willingness to buy timberland at a price in excess of that which it 
would cost to obtain it from the Government, and any person knowing 
of that offer might rightfully come to the land office and make applica- 
tion and purchase a timber tract from the Government. (United 
States V. Budd, 144 U. S., 154.) 

A person desiring to purchase a large tract of timberlands of the 
United States may lawfidly express such desire to another, and con- 
tract with him to purchase the lands and advance money to enable 
the seller to acquire the land from the entryman, and he is not bound 
to inquire into the method by which such seller acquires the title, nor 
chargeable with any fraud therein which would render the patent 
subject to cancellation, of which he has no actual knowledge. (U. S. 
V. Barber Lumber Co. (C. C. A.), 194 Fed., 24.) 

To warrant the cancellation of a patent for lands on account of fraud, 
the evidence must be clear, imequivocal, and convincing, and it can 
not be done on a bare preponderance of evidence which leaves the 
issue in doubt. (Idem.) 

Application under the timber and stone act (sworn statement) must 
be based on a personal examination of the land and not made on infor- 
mation and belief or by agent. (Ness v. Fisher, 223 U. S., 683; see also 
case of Frank L. Chambers et al., 40 L. D., 85.) 

Section 1 of the act of March 3, 1911, authorizing the reinstatement 
of homestead entries canceled or relinquished because of the erroneous 
allowance of such entries after the withdrawal of lands for national 
forest purposes makes no provision for the reinstatement of canceled 
timber and stone entries. (Albert L. Knight, 41 L. D., 261.) 



DESERT-LAND LAWS. 

Act March 3, 1877 (19 Stat., 377). 

Who may en- That it shall be lawful for any citizen of the United States, or any 
**''■ person of requisite age "who may be entitled to become a citizen, and 

who has filed his declaration to become such" and upon payrnent of 
twenty-five cents per acre — to file a declaration under oath with the 
register and the receiver of the land district in which any desert land 
is situated, that he intends to reclaim a tract of desert land not exceed- 
ing one section,* by conducting water upon the same, withinthe period 
Water for irri- of three years- thereafter: Provided, hoivever, That the right to the use 
gation. ^j water by the person so conducting the same, on or to any tract of 

desert land of six hundred and forty acres shall depend upon bona 
fide prior appropriation; and such right shall not exceed the amoimt 
of water actually appropriated, and necessarily used for the purpose of 
irrigation and reclamation ; and all surplus water over and above such 
actual appropriation and use, together with the water of all lakes, 
rivers, and other sources of water supply upon the public lands, and 
not navigable, shall remain and be held free for the appropriation 
and use of the public for irrigation, mining, and manufacturing pur- 
poses subject to existing rights. Said declaration shall describe par- 
ticularly said section of land if surveyed, and, if unsurveyed, shall 
When patent describe the same as nearly as possible without a survey. At any 
^^^^- time within the period of three years ^ after filing said declaration, 

upon making satisfactory proof to the register and receiver of the 
reclamation of said tract of land in the manner aforesaid, and upon 



1 Limited to 320 acres by act next following, section 7. 

2 Extended to four years by act next following, section 7. 



NATIONAL FOREST MANUAL LAWS. 47 

the payment to the receiver of the additional sum of one dollar per 
acre for a tract of land not exceeding six hundred and forty acres to 
any one person, a patent for the same shall be issued to him: Pro- 
vided, That no person shall be permitted to enter more than one tract 
of land and not to exceed six hundred and forty acres, which shall be 
in compact form. 

Sec. 2. That all lands exclusive of timber lands and mineral lands What are des- 
which will not, without irrigation, produce some agricultural crop, ®'^* lands- 
shall be deemed desert land, within the meaning of this act, which 
fact shall be ascertained by proof of two or more credible witnesses 
under oath, whose affidavits shall be filed in the land office in which 
said tract of land may be situated. 

Sec. 3. That this act shall only apply to and take effect in the Law applicable 
States of California, Oregon, and Nevada, and the Territories of states.'" ''^"^ 
Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, 
and Dakota, and the determination of what may be considered 
desert land shall be subject to the decision and regulation of the 
Commissioner of the General Land Office. 

Act March 3, 1891 (26 Stat., 1095), amending desert land law. 

Sec. 2. That an act to provide for the sale of desert lands in certain 
States and Territories, approved March third, eighteen hundred and 
seventy-seven, is hereby amended by adding thereto the following 
sections: 

"Sec. 4. That at the time of filing the declaration hereinbefore re- Maps showing 
quired the party shall also file a map of said land which shall exhibit ™°q'' imga- 
a plan showing the mode of contemplated irrigation, and which plan 
shall be sufficient to thoroughly irrigate and reclaim said land, and 
prepare it to raise ordinary agricultural crops, and shall also show the 
source of the water to be used for irrigation and reclamation. Persons 
entering or proposrag to enter separate sections or fractional parts of 
sections of desert lands may associate together in the construction of 
canals and ditches for irrigating and reclaiming all of said tracts, and 
may file a joint map or maps showing their plan of internal improve- 
ments. 

"Sec. 5. That no land shall be patented to any person under this act Expenditure of 
unless he or his assignors shall have expended in the necessary irriga- quired! ^"'^^ ^^' 
tion, reclamation, and cultivation thereof, by means of main canals and 
branch ditches, and in permanent improvements upon the land, and 
in the purchase of water rights for the irrigation of the same, at least 
three dollars per acre of whole tract reclaimed and patented in the 
manner following: Within one year after making entry for such tract 
of desert land as aforesaid, the party so entering shall expend not less , 
than one dollar per acre for the purposes aforesaid ; and he shall in 
like manner expend the sum of one dollar per acre during the second 
and also during the third year thereafter, until the full sum of three 
dollars per acre is so expended. Said party shall file during each year i'ro"f °^ ^^' 
with the register, proof, by the affidavits of two or more credible wit- penditures. 
nesses, that the full sum of one dollar per acre has been expended in such 
necessary improvements during such year, and the manner in which 
expended, and at the expiration of the third year a map or plan showing 
the character and extent of such improvements. If any party who has 
made such application shall fail during any year to file the testimony 
aforesaid, the lands shall revert to the United States, and the twenty-five 
cents advanced payment shall be forfeited to the United States, and 
the entry shall be canceled. Nothing herein contained shall prevent 
a claimant from making his final entry and receiving his patent at an 
earlier date than hereinbefore prescribed, provided that he then makes 
the required proof of reclamation to the aggregate extent of three dollars 
per acre: Provided, That proof be further required of the cultivation of Cultivation, 
one-eighth of the land. 

"Sec. 6. That this act shall not affect any valid rights heretofore Existing rights 
accrued under said act of March third, eighteen hundred and seventy- preserved; elec- 
seven, but all bona fide claims heretofore lawfully initiated may be "'°' 
perfected, upon due compliance with the provisions of said act, in the 
same manner, upon the same terms and conditions, and subject to the 
same limitations, forfeitures, and contests as if this act had not been 



48 



NATIONAL FOKEST MANUAL LAWS. 



When 
issues. 



patent 



passed ; or said claims, at the option of the claimant, may be perfected 
and patented under the provisions of said act, as amended by this act, 
80 far as applicable; and all acts and parts of acts in conflict with this 
act are hereby repealed. 

"Sec. 7. That at any time after filing the declaration, and within 
the period of four years thereafter, upon making satisfactory proof to the 
register and the receiver of the reclamation and cultivation of said 
land to the extent and cost and in the manner aforesaid, and substan- 
tially in accordance with the plans herein provided for, and that he or 
she is a citizen of the United States, and upon payment to the receiver 
of the additional sum of one dollar per acre for said land, a patent shall 
issue therefor to the applicant or his assigns; but no person or associa- 
tion of persons shall hold, by assignment or otherwise prior to the issue 
320-acre limita- of patent, more than three hundred and twenty acres of such arid or 
^°°' desert lands; but this section shall not apply to entries made or initiated 

Proofs and con- prior to the approval of this act: Provided, however. That additional 
proofs may be required at any time within the period prescribed by 
law, and that th 3 claims or entries made under this or any preceeding 
act shall be subject to contest, as provided by the law relating to home- 
stead cases, for illegal inception, abandonment, or failure to comply 
with the requirements of law, and upon satisfactory proof thereof shall 
be canceled, and the lands and moneys paid therefor shall be forfeited 
to the United States. 

"Sec. 8. Thattheprovisionsof the act to which this is an amendment, 
and the amendments thereto, shall apply to and be in force in the 
State of Colorado, as well as the States named in the original act; and 
no person shall be entitled to make entry of desert land except he be a 
resident citizen of the State or Territory in which the land sought to 
be entered is located. " 



tests 



De sort-land 
laws extended to 
Colorado. 



Limitations and Restrictions — Extension of Time. 



Act of March 28, 1908 (35 Stat., 52). 

Drfsert-land That fi'om and after the passage of this act the right to make entry of 
sujve^d"aiids ^ ^®^®^* lands under the provisions of the act approved March third, 
eighteen hundred and seven ty -seven , entitled "An act to provide for 
the sale of desert lands in certain States and Territories," as amended 
by the act approved March third, eighteen hundred and ninety-one. 
entitled "An act to repeal timber-culture laws, and for other purposes," 
shall be restricted to surveyed public lands of the character contem- 
plated by said acts, and no such entries of unsurveyed lands shall be 
allowed or made of record: Provided, however. That any individual 
qualified to make entry of desert lands under said acts who has, prior to 
survey, taken possession of a tract of unsurveyed desert land not exceed- 
ing in area three hundred and twenty acres in compact form, and has 
reclaimed or has in good faith commenced the work of reclaiming the 
Preference same, shall have the preference right to make entry of such tract under 
riglits. said acts, in conformity with the public land surveys, within ninety 

days after the filing of the approved plat of survey in the district land 
office. 

Sec. 2. That from and after the date of the passage of this act no 
assignment of an entry made under said acts shall be allowed or rec- 
ognized, except it be to an individual who is shown to be qualified to 
make entry under said acts of the land covered by the assigned entry, 
and such assignments may include all or part of an entry; but no 
assignment to or for the benefit of any corporation or association shall 
be authorized or recognized, 
of Sec. 3. That any entryman under the above acts who shall show to 
the satisfaction of the Commissioner of the General Land Office that he 
has in good faith complied with the terms, requirements, and provisions 
of said acts, but that because of some unavoidable delay in the construc- 
tion of the irrigating works, intended to convey water to the said lands, 
he is, without fault on his part, unable to make proof of the reclamation 
and cultivation of said land, as required by said acts, shall, upon filing 
his corroborated affidavit with the land office in which said land is 
located, setting forth said facte, be allowed an additional period of not 



Assignments re 
stricted. 



Extension 
time. 



NATIONAL FOEEST MANUAL LAWS. 49 

to exceed three years, within the discretion of the Commissioner of the 
General Land Office, within which to furnish proof, as required by said 
acts, of the completion of said work. 

Second Desert-Land Entries. 

Act of March 20, 1908 (35 Stat., 48). 
Act of February 3, 1911 (36 Stat., 896). 

Limitation to 320 Acres Under all Land Laws, Excepting Min- 
eral Laws. 

Act of August 30, 1890 (26 Stat., 391). 

Act of March 3, 1891, section 17 (26 Stat., 1095). 

Secretary of Interior Authorized to Grant Further Time for 
Making Final Proof. 

Act of April 30, 1912 (37 Stat. 106). 

Decisions Under the Desert-Land Laws. 

Land that produces a natural growth of timber is not subject to 
desert entry, and it is immaterial whether such timber is of value or 
not. (15 L. D., 271.) 

Lands that, one year with another, for a series of years will not with- 
out artificial irrigation produce reasonably remunerative crops are 
desert within the meaning of the desert land law. (Penderson v. Park- 
inson, 37 L. D., 522.) 

Lands situated within a notoriously arid or desert region, and them- 
selves previously desert within the meaning of the desert land law, do 
not necessarily lose their character as desert lands merely because of 
unusual rainfall for a few successive seasons their productiveness was 
increased and larger crops were raised thereon; and under such cir- 
cumstances a strong prepoderance of evidence will be required to take 
them out of the class of desert lands. (Same.) 

One who makes desert entry of such lands must, however, clearly 
show, in submitting proof, not only that he has the right to a sufiiciency 
of water to successfully irrigate the lands, and that the system of ditches 
is adequate for that purpose, but also that the necessary supply of water 
has been actually used on said lands in a manner to prove the beneficial 
results. (Same.) 

school lands. 
Decisions as to School Lands in National Forests. 

Title to school sections does not pass until approval of the survey by 
the General Land Office, and a forestry withdrawal between the date 
of actual survey in the field and the date of such approval, prevents the 
vesting of title and the selection of lieu lands under the act of June 4, 
1897. (F. A. Hyde & Co., 37 L. D., 164.) 

School sections surveyed before inclusion within the boundaries of a 
National Forest have vested in the State, and are not affected by the 
forestry proclamation. The State is not empowered to select other 
lands in place of such sections under Revised Statutes, sections 2275, 
2276, as amended by the act of February 28, 1891. (Hibberd v. Slack, 
84 Fed., 571.) 

In Montana, Washington, North and South Dakota, a forestry with- 
drawal prior to survey makes a school section a part of the National 
Forest so long as the reservation continues, but the State may, if it 
choose, take indemnity. (State of Montana, 38 L. D., 247.) 

Under the grants to North and South Dakota, Montana, and Wash- 
ington (act Feb. 22, 1889, 25 Stat., 676), the States take no right until 
the lands are surveyed. (Clemmonsv. Gillette, 33 Mont., 821; 83Pac., 
879; Contra State v. Whitney, 120 Pac, 116.) 

The State of Idaho can not authorize the cutting of timber from 
unsurveyed school sections. (United States v. Bonners Ferry Lumber 
Co., 184 Fed., 187.) 

66777°— 13 4 



50 NATIONAL FOREST MANUAL LAWS. 

The acts of Congress "reserving" sections 16 and 36 for the Territory 
of Arizona did not vest any title in the Territory, even after survey, but 
such sections remain subject to the plenary power of disposal by 
Congress. (2 Sol. Op., 793.) 

The provisions in the enabling act of New Mexico, that the grants of 
sections 2, 16, 32, and 36 within National Forests shall not vest title 
in the State while the National Forests continue to exist, and that said 
sections "shall be administered as a part of said forests," fixes and con- 
trols the status of all these sections, notwithstanding the previous grant 
of •sections 16 and 36 to the Territory. (2 Sol. Op., 848.) 

School sections in National Forests in New Mexico are subject to 
administration by the Forest Service, whether surveyed or unsurveyed, 
and the title remains in the United States so long as the forests exist. 
(2 Sol. Op., 863.) 

An application by the governor of a State for the survey of public 
lands for purposes of selection under the provisions of the act of August 
18, 1894 (28 Stat., 394), and the withdrawal of the lands for that purpose 
by the_ Secretary of the Interior, does not prevent the President from 
including the lands in a National Forest and thereby defeating the 
State's preference right of selection. (27 Op. Atty. Gen., 605.) 

Such application for survey and the withdrawal thereon do not con- 
stitute a "legal entry," a " lawful filing," or a "valid settlement " in 
the meaning of the exceptions contained in a forestry proclamation . 
(Id., 605.) 

LIEU SELECTIONS. 

The act of June 4, 1897, authorizing selections of land in lieu of those 
embraced in forest reserves was repealed by the act of March 3, 1905. 
(33 Stat., 1254.) 

A pending unapproved application to make forest lieu selection will 
not prevent withdrawal of lands embraced therein for the piu-pose of 
reserving the power sites thereon for public uses. (Sherar v. Veazie, 
40L. D.,549.) 

An application to make forest lieu selection of unsurveyed lands not 
identified with reference to natural boundaries or monuments or such 
markings upon the ground as would constitute notice to intending 
settlers is no bar to the attachment of rights under the act of May 14, 
1880; and while approval of the township plat of survey is an identifi- 
cation of the lands as of the date of such approval, and, by relation, as 
against the Government, as of the date of the filing of the application, 
it does not and can not so attach as to cut out intervening adverse set- 
tlement claims. (F. A. Hyde et al., 40 L. D., 284.) 

Upon approval of an application to make forest lieu selection the 
the title of the Government to the lands relinquished as base therefor 
attaches, under the doctrine of relation, as of the date the selection 
was perfected and entitled to be approved. (A. G. Strain, 40 L. D., 
108.) 

RAILROAD GRANT LANDS. 

Unclassified odd sections within the primary limits of the Northern 
Pacific Railroad grant, even though not surveyed, form no part of the 
National Forests within which they lie, and the Forest Service has no 
power of administration over them. (1 Sol. Op., 79; see also, 1 Sol. 
Op., 294 and 541.) 

Legal title to all odd sections, not mineral, within the 10-mile limit 
passed to the Central Pacific Railroad Co. , upon definite location of its 
line, without the issuance of patent. (2 Sol. Op., 897.) 

The exception of lands returned and denominated as mineral must 
also be held to operate, as of the date of the definite location of the road. 
A subsequent survey and return as mineral of lands not mineral in fact 
would not divest the company's title. (Same.) 

The mineral or nonmineral character of lands within the grant limits 
of the Southern Pacific Railroad Co. can be conclusively determined 
by the Department of the Interior, either by the issuance of patent 
upon the Surveyor General's ex parte return as to the character of the 
lands, or after a hearing properly applied for to test the return of the 
Surveyor General. (Same.) 



NATIONAL FOREST MANUAL LAWS. 51 

A selection by the Northern Pacific Railway Co. under the act of 
March 2, 1899 (30 Stat., 993), is a "lawful filing" such as excepts the 
land from a forestry proclamation. Should the selection fail, however, 
the land would become a part of the National Forest. (1 Sol. Op., 463.) 

Neither the railway company nor its assignee has any right to cut 
timber from an unapproved selection made under that act. (Same.) 

Land embraced in a bona fide settlement claim is not subject to 
selection by the Northern Pacific Railway Co. under the act of March 
2, 1899, and a selection allowed for land at the time covered by such 
claim can not stand notwithstanding the settlement claim may have 
been subsequently abandoned. (Frank et al. r. N. P. Ry. Co. on 
review, 37 L. D., 502.) 

RIGHT OF WAY LAWS. 

Deficiency appropriation act of March 3, 1899 (30 Stat., 1214). 

[1233] In the form provided by existing law the Secretary of the Wagon roads, 
Interior may file and approve surveys and plats of any right of way for other Wghways. 
a wagon road, railroad, or other highway over and across any forest 
reservation or reservoir site when in his judgment the public interests 
will not be injuriously affected thereby. 

Highways and Railroads. 

UNITED states REVISED STATUTES. 

Sec. 2477. The right of way for the construction of highways over Highways, 
public lands not reserved for public uses is hereby granted. 

Act of March 3, 1875 (18 Stat., 482), granting rights of way for railroads. 

Tlie right of way through the public lands of the United States is Right of way 
hereby granted to any railroad company duly organized under the g^^jj^gl ^^{irough 
laws of any State or Territory, except the District of Columbia, or public lands, 
by the Congress of the United States, which shall have filed with the 
Secretary of the Interior a copy of its articles of incorporation, and due 
proofs of its organization under the same, to the extent of one hundred Width of right 
feet on each side of the central line of said road; also the right to take, °^^^^- 
from the public lands adjacent to the line of said road, material, earth, 
stone, and timber necessary for the construction of said railroad; also 
groimd adjacent to such right of way for station buildings, depots, . Station build- 
machine shops, side tracks, turn-outs, and water stations, not to exceed ^°^^' 
in amount twenty acres for each station, to the extent of one station 
for each ten miles of its road. 

Sec. 2. That any railroad company whose right of way, or whose Joint use of 
track or roadbed upon such right of way, passes through any canyon, defile""' ^^^' °^ 
pass, or defile, shall not prevent any other railroad company from the 
use and occupancy of said canyon, pass, or defile, for the purposes of 
its road, in common with the road first located, or the crossmg of other 
railroads at grade. And the location of such right of way through any 
canyon, pass, or defile shall not cause the disuse of any wagon or other 
public highway now located therein, nor prevent the location through 
the same of any such wagon road or highway where such road or high- 
way may be necessary for the public accommodation; and where any 
change in the location of such wagon road is necessary to permit the 
passage of such railroad through any canyon, pass, or defile, said rail- 
road company shall, before entering upon the ground occupied by such 
wagon road, cause the same to be reconstructed at its own expense in 
the most favorable location, and in as perfect a manner as the original 
road: Provided, That such expenses shall be equitably divided between ^. Eqiutable divi- 
any number of railroad companies occupying and using the same ^'°" ° expense, 
canyon, pass, or defile. 

Sec. 3. That the legislature of the proper Territory may provide for Condemnation 
the manner in which private lands and possessory claims on the public arfd^"poss^essory 
lands of the United States may be condemned; and, where such pro- claims, 
vision shall not have been made, such condemnation may be made in 
accordance with section three of the act entitled "An act (to amend an 
act entitled an act) to aid in the construction of a railroad and telegraph 
line from Missouri River to the Pacific Ocean, and to secure to the 



52 NATIONAL FOEEST MANUAL LAWS. 

Government the use of the same for postal, military, and other purposes, 

approved July first, eighteen hundred and sixty-two," approved July 

second, eighteen himdred and sixty-four. 

Filing of map. Sec. 4. That any railroad company desiring to secure the benefits 

u nTuTv*e yTd ^^ ^^^^^ ^^^ shall, within twelve months after the location of any section 

lands. of twenty miles of its road, if the same be upon surveyed lands, and, 

if upon unsurveyed lands, within twelve months after the survey 

thereof by the United States, file with the register of the land office for 

the district where such land is located a profile of its road; and upon 

Approval. approval thereof by the Secretary of the Interior, the same shall be 

noted upon the plats in said office; and thereafter all such lands over 

which such right of way shall pass shall be disposed of subject to such 

Forfeiture. right of way: Provided, That if any section of said road shall not be 

completed within five years after the location of said section, the rights 

herem granted shall be forfeited as to any such uncompleted section 

of said road. 

Not to apply to Sec. 5. That this act shall not apply to any lands within the limits 

reservations. ^£ ^j^y military, park, or Indian reservation, or other lands specially 

reserved from sale, unless such right of way shall be provided for by 

treaty stipulation or by act of Congress heretofore passed. 

Ame ndment Sec.6. That Congress hereby reserves the right at any time to alter, 

and repeal. amend, or repeal this act, or any part thereof. 

(This act is made applicable, at least conditionally, to National 
Forest lands by the act of March 3, 1899, ante, p. 51.) 

Sundry civil appropriation act of August 30, 1890 (26 Stat., 371, on p. 391.). 

Ditches and In all patents for lands hereafter taken up under any of the land laws 
SauthoritTof "f tl^e United States * * * _ west of the one hundredth meridian, 
Government. " it shall be expressed that there is reserved from the lands in said patent 

described, a right of way thereon for ditches or canals constructed by 

the authority of the United States. 

Rights op Way for Water for Irrigation and Power 
Development. 

united states revised statutes. 

Water and Sec. 2339. Whenever, by priority of possession, rights to the use of 
^me^ °^ ^^^ ^'"" water for mining, agricultural, manufacturing or other purposes, have 
vested and accrued, and the same are recognized and acknowledged 
by the local customs, laws, and the decisions of courts, the possessors 
and owners of such vested rights shall be maintained and protected in 
the same; and the right of way for the construction of ditches and canals 
for the purposes herein specified is acknowledged and confirmed; but 
whenever any person, in the construction of any ditch or canal, injures 
or damages the possession of any settler on the public domain, the party 
committing such injury or damage shall be liable to the party injured 
for such injury or damage. 
Patents subject Sec. 2340. All patents granted, or preemption or homesteads al- 
to vested nghts. iQ^g(j^ g]^r^\\ j^g subject to any vested and accrued water rights, or rights 
to ditches and reservoirs used in connection with such water rights, 
as may have been acquired under or recognized by the preceding sec- 
tion. 

Act of March 3, 1891 (26 Stat., 1095), to repeal the timber-culture laws, and for other 

purposes. 

Irrigation rights Sec. 18. That the right of way through the public lands and reserva- 
of way. ^jpjjg q£ ^Yie United States is hereby granted to any canal or ditch com- 

pany formed for the purpose of irrigation and duly organized under the 
laws of any State or Territory, which shall have filed, or may hereafter 
file, with the Secretary of the Interior a copy of its articles of incorpo- 
ration, and due proofs of its organization under the same, to the extent 
of the ground occupied by the water of the reservoir and of the canal 
and itslaterals, and fifty feet on each side of the marginal limits thereof; 
also the right to take, from the public lands adjacent to the line of the 
canal or ditch, material, earth, and stone necessary for the construction 
Not to interfere of such canal or ditch: Provided, That no such right of way shall be so 
raent occumtion located as to interfere with the proper occupation by the Government 
of reserves. of any such reservation, and all maps of location shall be subject to the 



NATIONAL POEEST MANUAL LAWS. 53 

approval of the Department of the Government having jurisdiction of 
such reservation, and the privilege herein granted shall not be con- 
strued to interfere with the control of water for irrigation and other 
purposes under authority of the respective States or Territories. 

Sec. 19. That any canal or ditch company desiring to secure the Maps to be filed 
benefits of this act shall, within twelve months after the location of ten ^° approvet . 
miles of its canal, if the same be upon surveyed lands, and if upon 
unsurveyed lands, within twelve months after the survey thereof by 
the United States, file with the register of the land office for the district 
where such land is located a map of its canal or ditch and reservoir; 
and upon the approval thereof by the Secretary of the Interior the same 
shall be noted upon the plats in said office, and thereafter all such lands 
over which such rights of way shall pass shall be disposed of subject to 

such right of way. Whenever any person or corporation, in the con- , Compensation 
, ,•'' i- •' 1 j-i -u ■' ^ . . . i , ' , for miurv to pri- 

struction of any canal, ditch, or reservoir, injures or damages the pos- vate rights. 

session of any settler on the public domain, the party committing such 

injury or damage shall be liable to the party injured for such injury or 

damage. 

Sec. 20. That the provisions of this act shall apply to all ranals, ^slodatkinf '' ^"^ 
ditches, or reservoirs, heretofore or hereafter constructed, whether con- 
structed by corporations, individuals, or association of individtials. on 
the filing of the certificates and maps herein provided for. If such ditch, 
canal, or reservoir, has been or shall be constructed by an individual 
or association of individuals, it shall be sufficient for such individual 
or association of individuals to file with the Secretary of the Interior, 
and with the register of the land office where said land is located, a map 
of the line of such canal, ditch, or reservoir, as in case of a corporation, 
with the name of the individual owner or owners thereof, together with 
the articles of association, if any there be. Plats heretofore filed shall 
have the benefits of this act from the date of their filing, as though filed 
under it: Provided, That if any section of said canal or ditch shall not ^ ^'^noncomnfe^ 
be completed within five years after the location of said section, the tion of works, 
rights herein granted shall be forfeited as to any uncompleted section 
of said canal, ditch, or reservoir, to the extent that the same is not 
completed at the date of the forfeiture. 

Sec. 21. That nothing in this act shall authorize such canal or ditch ^^Limitation of 
company to occupy such right of way except for the purpose of said 
canal or ditch, and then only so far as may be necessary for the con- 
struction, maintenance, and care of said canal or ditch. [See pro- 
vision next below.] 

Act May 11, 1898 (30 Stat., 404). 

Sec. 2. That the rights of way for ditches, canals, or reservoii's here- Additional and 
tofore or hereafter approved under the provisions of sections eighteen, subsidiary uses. 
nineteen, twenty, and twenty-one of the Act entitled "An Act to 
repeal timber-culture laws, and for other purposes," approved March 
third, eighteen hundred and ninety-one, may be used for purposes of 
a public nature; and said rights of way may be used for purposes of 
water transportation, for domestic purposes, or for the development of 
power, as subsidiary to the main purpose of irrigation. 

Act of May 14, 1896 (29 Stat., 120). 

Sec. 2. That the Secretary of the Interior be, and hereby is, author- Permissive 
ized and empowered, under general regulations to be fixed by him. to ^"^^^ of way. 
permit the use of right of way to the extent of twenty-five feet, together Electric power. 
with the use of necessary ground, not exceeding forty acres, upon the 
public lands and the forest reservations of the United States, by any 
citizen or association of citizens of the United States for the purposes 
of generating, manufacturing, or distributing electric power. 

Act of February 15, 1901 (31 Stat., 790), relating to rights of way through certain parlis, 
reservations, and other public lands. 

The Secretary of the Interior * * * is authorized and em- Permissive 
powered, under'general regulations to be fixed by him, to permit the "5"'^^° ^^y- 
use of rights of way through the public lands, forest and other reserva- 
tions of the United Statesand the Yosemite, Sequoia, and General Grant 



54 NATIONAL FOREST MANUAL LAWS. 

Electric power. National Parks, California, for electrical plants, poles, and lines for the 
teleSfwies' generation and distribution of electrical power, and for telephone and 

telegraph purposes, and for canals, ditches, pipes and pipe lines, 
flumes, tunnels, or other water conduits, and for water plants, dams, 
Conveyance of and reservoirs used to promote irrigation or mining or quarrying, or 
^**®''* the manufacturing or cutting of timber or lumber, or the supplying of 

water for domestic, public, or any other beneficial uses to the extent of 
the ground occupied by such canals, ditches, flumes, tunnels, reser- 
voirs, or other water conduits or water plants, or electrical or other 
Width of right works permitted hereunder, and not to exceed fifty feet on each side 
of way hmited. ^^ ^j^^ marginal limits thereof, or not to exceed fifty feet on each side of 
the center line of such pipes and pipe lines, electrical, telegraph, and 
telephone lines and poles, by any citizen, association, or corporation 
of the United States, where it is intended by such to exercise the use 
permitted hereunder or any one or more of the purposes herein named: 
Permit^s not Provided, That such permits shall be allowed within or through any of 
compatible ^with ^^^ parks or any forest, military, Indian, or other reservation only upon 
pubUc interest, the approval of the chief officer of the department under whose supervi- 
sion such park or reservation falls and upon a finding by him that the 
Telegraph and sameisnotincompatible with the public interest: Provided further, That 
j^uo II ''s Title ^^^ permits given hereunder for telegraph and telephone purposes shall 
65. ' be subject to the provision of title sixty-five of the Revised Statutes of 

the United States, and amendments thereto, regulating rights of way 
Licenses revo- for telegraph companies over the public domain: And provided further, 
cable. That any permission given by the Secretary of the Interior under the 

provisions of this act may be revoked by him or his successor in his 
discretion, and shall not be held to confer any right, or easement, or* 
interest in, to, or over any public land, reservation, or park. 

Forest transfer act of February 1, 1905 (33 Stat., 628). 

Rights of way Sec. 4. That rights of way for the construction and maintenance of 

mi5'ng"piSpo^,ef ^^ms, reservoirs, water plants, ditches, flumes, pipes, tunnels, and 

etc. ' ' canals, within and across the forest reserves of the United States are 

hereby granted to citizens and corporations of the United States for 

municipal or mining purposes, and for the purposes of the milling and 

reduction of ores, during the period of their beneficial use, under such 

rules and regulations as may be prescribed by the Secretary of the 

Interior, and subject to the laws of the State or Territory in which said 

reserves are respectively situated . 

Agriciiltm-al appropriation act of March 4, 1911 (36 Stat., 1235). 

Electric trans- That the head of the department having jurisdiction over the lands 
mission Unes. ^^^ ^^^ j^g hereby is, authorized and empowered, under general regu- 

Limited ease- lations to be fixed by him, to grant an easement for rights of way, for 
ments. a period not exceeding fifty years from the date of the issuance of 

such grant, over, across, and upon the public lands. National Forests, 
and reservations of the United States for electrical poles and lines 
for the transmission and distribution of electrical power, and for poles 
and lines for telephone and telegraph purposes, to the extent of twenty 
feet on each side of the center line of such electrical, telephone and 
telegraph lines and poles, to any citizen, association, or corporation 
of the United States, where it is intended by such to exercise the 
right of way herein granted for any one or more of the purposes herein 
named: Provided, That such right of way shall be allowed within or 
through any national park, National Forest, military, Indian, or any 

Reservations. Q^j^gj. reservation only upon the approval of the chief officer of the 
department under whose supervision or control such ^eser^'ation falls, 
and upon a finding by him that the same is not incompatible with the 

Forfeiture and public interest: Provided, That all or any part of such right of way 
annulment. j^^^y ^^ forfeited and annulled by declaration of the head of the depart- 

ment having jurisdiction over the lands for nonuse for a period of two 
years or for abandonment. 

Permittees may That any citizen, association, or corporation of the United States to 
herevmder.' ^^ *^ whom there has heretofore been issued a permit for any of the purposes 
specified herein under any existing law, may obtain the benefit of this 
act upon the same terms and conditions as shall be required of citizens, 
associations, or corporations hereafter making application under the 
provisions of this statute. 



NATIONAL FOREST MANUAL LAWS. 55 

Special Legislation Granting Rights of Way. 

Act of May 1, 1906 (34 Stat., 163), frranting permit, revocablp by Secretary for certain National For- 
causes, to occupy for hydroelectric purposes, lands in San Bernardino, Sierra, and San ests in southern 
Gabriel National Forests, Cai. California. 

Act June 30, 1906 (34 Stat., 801), authorizing the Secretary of the Interior to sell to Los Angeles wa- 
the city of Los Angeles, Cal., certain public lands in California, and granting rights in, ter supply, 
over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and 
the San Gabriel Timber Land Reserve, Cal., to the city of Los Angeles, Cal. 

Act of May 18, 1898 (30 Stat., 418), granting the Santa Fe & Grand Canyon Railroad Santa Fe & 
Co. right of way for railroad purposes through the Grand Canyon Forest Reserve in Grand Canyon R. 
northern Arizona. R. Co. 

Act of June 27, 1898 (30 Stat., 493), granting right of way through the Pikes Peak Cripple Creek 
Timber Land Reserve and the public lands to the Cripple Creek District Railway Co. Rv. Co. 

Act of July 8, 1898 (30 Stat., 729), granting right of way through the Pikes Peak Tim- Cripple Creek 
ber Land Reserve and the public lands to the Cripple Creek Short-Line Railway Co. Short Line. 

Act of January 10, 1899 (30 Stat., 783), granting the Saginaw Southern Railroad Co. Saginaw & 
arightof way forrailroad purposes through the San Francisco Mountains Forest Reserve. Southern Ry. Co. 

Act of February 28, 1899 (30 Stat., 910), to grant to the Pasadena & Mount Wilson Pasadena & 
Railway Co. right of way and certain lands for railroad purposes through the San Gabriel Mount Wilson 
Forest Reserve. Ry. Co. 

Act of June 6, 1900 (31 Stat., 657), to grant right of way over Government lands for a Flagstaff water 
pipe line for the conveyance of water to Flagstaff, Ariz. supply. 

Act of February 25, 1903 (32 Stat., 907), granting the Central Arizona Railway Co. a Central Arizona 
right of way for railroad purposes through the San Francisco Mountains Forest Reserve, Ry. Co. 
In the Territory of Arizona. 

Rights of Way in Alaska — ^Railroads, Tramroads, and 
•Wagon Roads. 

Act May 14, 1898, sections 2-9 (30 Stat., 409). 

Decisions Relating to Rights of Way. 

Rights oftvayfor Government uses. — A way of necessity is reserved to 
the Government where a tract of National Forest land is entirely cut 
off from a public highway by other lands formerly a part of the public 
domain. (2 Sol. Op., 973.) 

Act of August 30, 1890 (26 Stat., 371, 391), reserves right of way for 
Government reclamation projects and is valid. (United States v. 
Van Horn, 197 Fed., 611.) 

Act of August 30, 1890 (26 Stat., 371, 391), reserves right of way for 
Governmental purposes only. (Solicitor to Forester, Oct. 3, 1910.) 

The Secretary of Agriculture is authorized to acquire, by purchase 
or condemnation, rights of way for roads needed as outlets for National 
Forest timber. Such rights of way are not additions to National For- 
ests witliin the meaning of the prohibition contained in the act of 
March 4, 1907. (Same.) 

Construction of Forest Service telephone lines over unreserved pub- 
lic lands need not be protected by prior reservation of a right of way 
by the Interior Department, but as a matter of policy a reservation 
should be requested. (1 Sol. Op., 276.) 

The construction and maintenance of roads and trails by the Forest 
Service upon unsurveyed vacant public lands, although such lands are 
outside the National Forests, is authorized and such construction and 
maintenance operates as a reservation of right of way which will not 
be affected by subsequent sale or disposition of the lands. (1 Sol. 
Op., 482.) 

The consent of the landowner must be secured for the construction 
of a Forest Service telephone line along a public highway passing over 
patented land. (1 Sol. Op., 295.) 

Powers and discretion of Secretary. — The exercise of the jurisdiction 
of the Secretary of the Interior over applications for rights of way 
within reservations under these acts involves more than a mere legal 
discretion and he should look beyond the mere technical sufficiency 
of the application and in a broad view subserve the interests of the 
whole people. (California-Nevada Canal, Water & Power Co., 40 
L. D., 380.) 

"Under act March 3, 1891, c. 561, §§18, 19, 26, Stat. 1101, 1102 
(U. S. Comp. St., 1901, pp. 1570, 1571), granting right of way for irri- 
gating canals, ditches, and reservoirs over the public lands to irrigation 
companies, upon the filing of a map thereof and its approval by the 
Secretary of the Interior, such approval is essential, and where it was 



56 NATIONAL FOREST MANUAL LAWS. 

refused as to a reservoir because the site had been previously with- 
drawn from sale or entry and reserved by the United States, the com- 
pany acquired no right or easement by the filiag of its maps. ' ' (United 
States V. Rickey Land & Cattle Co. et al., 164 Fed., 496.) 

Under the act of March 3, 1891 (26 Stat., 1095), the approval of the 
Secretary of the Interior is necessary to the acquisition of a right of way 
over, on, or across a National Forest. (Pope, J., in United States v. 
The Henrylyn Irrigation District, The Inter-Mountain Water Co., and 
J. A. Mcllwee, decided Nov. 25, 1912, district court of the United 
States for the District of Colorado.) 

Railroad rights of way. — The Secretary of the Interior may, under the 
act of March 3, 1899 (30 Stat., 1233), grant or refuse to grant railroad 
rights of way through the forest reserves, and, as a condition of making 
the grant, he niay impose conditions, as by requiring the company to exe- 
cute a bond with sureties binding itself and its successors to pay for any 
and all damages to the public lands, the timber, natural curiosities, 
and other public property thereon, from such occupation and use of 
the reservation. (United States v. Bailey, 178 Fed., 302.) 

In such a case a receiver of the railroad is its "successor," and the 
bondsmen will be liable with him in a suit on the bond. (Id.) 

On application for a railroad right of way over lands upon which are 
possible power sites examination should be made to determine whether 
the lands may be used to the best advantage for power sites or other 
power purposes, and the question of approving the application will then 
be determined by considerations of the greatest public good to result 
from the one or the other use. If the decision is in favor of the power 
use, the lands will then be withdrawn, unless the road can be so located 
as not to interfere with future power uses. (Continental Tunnel Ry. 
Co., 39 L, D., 86; see also Denver & Rio Grande R. R. Co., 39 L. D., 
209, and Skagit Power Co., 39 L. D., 89.) 

Where a railroad company consents in writing to the location of a 
store upon its right of way within a National Forest, thus waiving its right 
to exclusive possession, the Forest Service may issue a permit for such 
store, thus legalizing the occupancy so far as the Government is con- 
cerned. (2 Sol. Op., 790.) 

Under the act of March 3, 1875 (18 Stat., 482), granting to railroads 
the right of way through public lands, such grant took effect upon the 
construction of the road. (Jamestown & Northern R. Co. t>. Jones, ] 77 
U. S., 125; Minneapolis, etc. R. Co. v. Doughty, 208 U. S., 251; Stalker 
et al. V. Oregon Short Line R. R. Co. ,225 U. S., 142.) 

A railroad company does not acquire a vested right under the act of 
March 3, 1875 (18 Stat., 482), over unsurveyed land by filing a map of 
the route in the local and General Land Offices. (1 Sol. Op., 459.) 

No rights are acquired as against the United States until the line has 
been ascertained by actual construction or the application has been 
approved by the Secretary of the Interior, and rights initiated sub- 
sequent to temporary or permanent withdrawals are subject to such 
withdrawals. (Same.) 

Irrigation rights of way. — Prior to approval by the Secretary of the 
Interior, the inchoate right acquired by an application for right of way 
under the act of March 3, 1891, is subject to the power of Congress to 
deny the right by making other disposition of the lands affected. 
(Sierra Ditch Water Co., 38 L. D., 547.) 

The approval by the Secretary of Agriculture of an application for a 
right of way under the acts of March 3, 1891, and May 11, 1898, for a 
reservoir site within a National Forest does not vest an easement in 
the applicant, but is merely advisory to the Secretary of the Interior 
and subject to his paramount jurisdiction under his said acts. (Cali- 
fornia-Nevada Canal, Water & Power Co., 40 L. D., 380.) 

Approval of applications for rights of way under the act of March 3, 
1891, as amended by the act of May 11, 1898, for primary purposes of 
irrigation, are subject to all valid existing rights and upon the express 
condition that the right of way be used for the main purpose of irriga- 
tion; that any electrical power or energy developed thereunder is to be 
primarily used for the purpose of irrigation; and any abandonment or 
violation of such use, or neglect to comply with the provisions of the 
law. will work a forfeiture which will be enforced bv appropriate .n»^- 



NATIONAL FOREST MANUAL LAWS. 57 

ceedings. (Instructions, case of Pamma Power & Irrigation Co., 39 
L. D., 309; see also Kern River Co., 38 L. D., 302.) 

Applications for rights of way under the provisions of the act of March 
3, 1891, and section 2 of the act of May 11, 1898, will not be allowed 
except upon a satisfactory showing that the right of way is desired for 
the primary purpose of irrigation. (Inyo Consolidated Water Co., 37 
L. D., 79.) 

Whenever in his judgment the granting of a right of way under the 
act of March 3, 1891, over a national park would interfere with proper 
occupation of the reservation by the Government, the Secretary of the 
Interior may withhold his approval therefrom. (Sierra Ditch & 
Water Co., 38 L. D., 547.) 

There is no authority under the irrigation right of way act of March 

3, 1891, to require the applicant to keep the reservoir or lake open to 
the public for fishing purposes. (1 Sol. Op., 174.) 

Electric power rights of way. — A company organized chiefly for the 
purpose of generating and distributing power is not within the pur- 
view of the act of March 3, 1891; and where an application by such a 
company for right of way under that act has been approved, for lands 
now within a National Forest, the company may be permitted to 
relinquish all rights under such approval and amend its application 
to bring it within the act of February 15, 1901, failing to do which, 
action should be taken by the Land Department with a view to revo- 
cation of such approval. (The Kern River Co., 38 L. D., 302.) 

A right of way for the development of electric power could not be 
acquired under the act of 1866 (Rev. Stat., 2339). Congress did not, in 
that act, contemplate power companies, because none were then in 
existence. (The Kern River Co., 38 L. D., 302, 309.) 

Under the act of February 15, 1901, the Secretary of the Interior 
may, in his discretion, refuse to approve an application until the ap- 
plicant files a stipulation to comply with "all laws or regulations now 
in force or which may hereafter be passed or promulgated." (Decision 
of Secretary of the Interior of Sept. 16, 1912 (unpublished), in case of 
Central Colorado Power Co.) 

The rights of way granted by section 4 of the Forest Transfer Act are 
limited to municipal and mining purposes, including the milling and 
reducing of ores, and an application under it should not be allowed 
where it appears that the chief purpose for which the right is desired is 
the generation of power for commercial use and that its utilization for 
mining operations is merely incidental to such purpose. (Northern 
California Power Co., 37 L. D., 80.) 

A right of way for a ditch for mining purposes, acquired under the 
act of July 26, 1866, prior to the creation of a National Forest, can 
not legally be used to convey water for the exclusive purpose of gen- 
erating hydroelectric power for commercial sale. (2 Sol. Op.. 728.) 

A right of way for a mining ditch acquired under the act of 1866 prior 
to the creation of a National Forest is a mere easement, and the lands 
affected become part of a subsequently created National Forest, sub- 
ject, however, to the easement for mining purposes. (2 Sol. Op., 728.) 

A power permit may be issued for lands embraced in a mining 
claim, and ii by a private arrangement with the power company the 
mineral claimant waives his right of exclusive possession, this depart- 
ment may collect from the power company the usual charge for the 
use of such land for power purposes. (2 Sol. Op., 763.) 

The approval of a map of right of way under the act of May 14, 1896, 
confers merely a permission amounting to a personal license revocable 
by operation of law through transfer or assignment, or expressly by 
the Secretary. (2 Sol. Op., 925.) 

There is no authority in the Secretary of Agriculture to grant a 
power permit affecting National Forest lands withdrawn by the Pres- 
ident as a power site under the act of June 25, 1910. Applications 
for such permits may, however, be received for submission to the 
President. (2 Sol. Op., 817.) 

The act of February 15, 1901, authorizing the granting of revocable 
power permits, etc., does not extend to Alaska, (2 Sol. Op., 803), but 
permits for power rights of way may be granted under the act of Jime 

4, 1897, 30 Stat., 11. (2 Sol. Op., 1032.) 



58 NATIONAL FOEEST MANUAL LAWS. 

Transmission lines, etc. — The authority to grant fifty-year easements 
for transmission and other lines under the act of March 4, 1911 (36 
Stat., 1235), is vested in the Secretary of Agriculture when and in so 
far as the lands affected constitute portions of the National Forests. 
(29 Op. Atty. Gen., 303.) 

Telegraph lines. — The act of July 24, 186G (now Rev. Stat., sec. 
5263), granting rights of way for telegraph lines does not apply to 
National Forest lands. (1 Sol. Op., 266, 452.) 

INDIAN ALLOTMENTS IN NATIONAL FORESTS. 

Act June 25, 1910 (36 Stat., 855), relating to Indian allotments, etc. 

Persons entitled Sec. 31. That the Secretary of the Interior is hereby authorized, 

to allotments. ^^ j^^ discretion, to make allotments within the National Forests in 
conformity with the general allotment laws as amended by section [16] 
of this act, to any Indian occupying, living on, or having improve- 
ments on land included within any such National Forest who is not 
entitled to an allotment on any existing Indian reservation, or for 
whose tribe no reservation has been provided, or whose reservation 
Applications to -was not sufficient to afford an allotment to each member thereof. All 

^^'^IP^ ^ ^'' applications for allotments under the provisions of this section shall 
be sulimitted to the Secretary of Agriculture, who shall determine 
whether the lands applied for are more valuable for agricultural or 
grazing pin-poses than for the timber found thereon ; and if it be found 
that the lands applied for are more valuable for agricultural or grazing 

retlrv of the Inte^ purposes, then the Secretary of the Interior shall cause allotment to 

rior. ' be made as herein provided.' 

TOWNSITES. 

Section 2286 and sections 2380 to 2394, inclusive. Revised Statutes, 
provide methods of acquiring public land for town-site purposes on the 
vacant unreserved lands of the United States. 

Act of March 3, 1877 (19 Stat., 392), provides for additional town sites. 

Act March 3, 1891 (26 Stat., 1101), provides for town sites on mineral 
lands. 

There are also various acts applicable to individual States. See 
circular Department of Interior of August 7, 1909 (38 L. D., 92). 

A town site actually settled and occupied before the creation of a 
National Forest is excepted from the proclamation, even though the 
land is unsurveyed; and an occupant of lands within the town site 
can not be required to take out a forest service permit. (2 Sol. Op., 
726.) 

ADMINISTRATIVE SITES. 

The withdrawal of an administrative site riparian to a stream does 
not of itself reserve water for administrative uses on such site; and the 
right to such water can be secured onlv by appropriation imder the 
State laws. (1 Sol. Op., 590.) 

The establishment of a forest reserve does not contemplate the 
actual use or occupancy of any particular tract within the designated 
boundaries of the reserve; hence there is no incongruity in providing 
that, after the creation of the reserve, lands may be prospected, and, 
if shown to be mineral in character, located and entered under the 
mining laws. The purposes for which the withdrawal now proposed to 
be made (administrative site) contemplates and requires the actual use 
and occupancy of each tract and the expenditure of money upon each 
or most of such tracts, and this of necessity excludes the operation of 
any other claim. Land not known at the time to be mineral in char- 
acter may be devoted to purposes recognized by law as proper in the 
aid of the objects sought to be attained by establL«^hment of forest 
reserves, or coming within the purview of the appropriation acts for 
protection and administration of such reserves and subsequent discov- 
ery of mineral therein will not affect its use for those purposes or render 

1 This section does not apply to the Minnesota National Forest. (Letter Secretary 
of the Interior to Secretary of Agriculture, Sept. 27, 1912.) 



/ NATIONAL FOREST MANUAL LAWS. 59 

it liable to exploration, location, or entry under the mining laws. 
(Opinion of the Assistant Attorney General, 35 L. D., 262-268.) 

SPECIAL USE PERMIT. 

A special use permit for the use of lands for a summer home remains 
in full force and effect and gives the permittee complete right of pos- 
session and use as against subsequent locators of a mining claim. (Le 
Roy et al. v. Swanson; unpublished findings of the county court of 
Colorado for Clear Creek County, date Feb. 6, 1912.) 

TIMBER AND STONE FOR UNITED STATES RECLAMATION WORKS. 

Act of February 8, 1905 (33 Stat., 706). 

In carrying out the provisions of the national irrigation law approved Reclamation 
June seventeenth, nineteen hundred and two, and in constructing ^j^^g^^j^^^;^!® 
works thereunder, the Secretary of the Interior is hereby authorized to tional Forests, 
use and to permit the use by those engaged in the construction of works 
under said law, under rules and regulations to be prescribed by him, 
such earth, stone and timber from the public lands of the United States 
as may be required in the construction of such works, and the Secretary 
of Agriculture is hereby authorized to permit the use of earth, stone and 
timber from the forest reserves of the United States for the same purpose, 
under rules and regulations to be prescribed by him. 

SILVICULTURE. 

TIMBER SALES. 

Timber sales provisions of act Jime 4, 1897 (30 Stat , 11, 35). as amended by act June 6, 
1900 (31 Stat., 661). 

For the purpose of preserving the living and growing timber and Timber, ap- 
promoting the younger growth on forest reservations, the Secretary of P'"^!^^' ^°^ s^'^- 
the Interior, under such rules and regulations as he shall prescribe, may 
cause to be designated and appraised so much of the dead, matured, or 
large growth of trees found upon such forest reservations as may be 
compatible with the utilization of the forests thereon, and may sell the 
same for not less than the appraised value in such quantities to each 
purchaser as he shall prescribe, to be used in the State or Territory in 
which such timber reservation may be situated, respectively; but not 
for export therefrom.* 

^ [Before such sale shall take place notice thereof shall be given Advertisement 

of Scll6. 

* * * for not less than thirty days, by publication in one or more 
newspapers of general circulation, as he may deem necessary, in the 
State or Territory where such reservation exists: Provided, however, 
That in cases of unusual emergency the Secretary of the Interior may, E mergency 
in the exercise of his discretion, permit the purchase of timber and cord ofadvertilement! 
wood in advance of advertisement of sales at rates of value approved 
by him and subject to payment of the full amount of the highest bid 
resulting from the usual advertisement of sale: Provided further, That 
he may, in his discretion, sell without advertisement, in quantities to 
suit applicants, at a fair appraisement, timber and cord wood not 
exceeding in value one hundred dollars stumpage: And provided fur- 
ther, That in cases in which advertisement is had and no satisfactory ^"■^^*?, ^^'® 
bid is received, or in cases in which the bidder fails to complete the ^fectory etc° 
purchase, the timber may be sold, without further advertisement, at 
private sale, in the discretion of the Secretary of the Interior, at not 
less than the appraised valuation, in quantities to suit purchasers: 
And provided further. That the provisions of this act shall not apply to 
existing forest reservations in the State of California, or to reservations 
that may be hereafter created within said State]. ^ 

> Modified by agricultural appropriation, act of Mar. 4, 1907 (34 Stat., 1270) , printed next 
.following. 

2 The matter in brackets is talsen bodily from the act of June 6, 1900 (31 Stat. , 661) , which 
amends the original act by substituting this language. 

3 This proviso is repealed by a provision in the agricultural appropriation act of June 
30, 1906 (34 Stat., 669, 684), post p. 60. 



60 NATIONAL FOREST MANUAL LAWS. 

* * * Such timber before being sold shall be marked and desig- 
Cutting and re- nated, and shall be cut and removed under the supervision of some 
moval. person appointed for that purpose by the Secretary of the Interior not 

interested in the purchase or removal of such timber nor in the employ- 
ment of the purchaser thereof. Such supervisor shall make report m 
writing * * * of his doings in the premises. 
Free use of tim- The Secretary of the Interior may permit, under regulations to be 
tiers ^etc' ^^ ^^^' P/escribed by him, the use of timber and stone found upon such reserva- 
' ' tions, free of charge, by bona fide settlers, miners, residents, and pros- 

pectors for minerals, for firewood, fencing, buildings, mining, prospect- 
ing, and other domestic purposes, as may be needed by such persons for 
such purposes; such timber to be used within the State or Territory, 
respectively, where such reservations may be located.' 

Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). 

Forestproducts [1270] And the Secretary of Agriculture may, in his discretion, 

from StateOTTe^ P^'"'^^* timber and other forest products cut or removed from the 

ritory. national forests of the United States, except the Black Hills National 

Forest in South Dakota,^ to be exported from the State, Territory, or 

the district of Alaska, in which said forests are respectively eituated: 

Restrictions as Provided, That the exportation of dead and insect-infected timber only 

National ForSt'^ ^'^*^°^ ^^^^^ Black Hills National Forest shall be allowed until such time 

as the Forester shall certify that the ravages of the destructive insects 

in said forest are practically checked, but in no case after July first, 

nineteen hundred and eight. 

This proviso was repeated in the agricultural appropriation acts of 
May 23, 1908, March 4, 1909, May 26, 1910, and March 4, 1911, except 
that the time limit fixed in the last line was extended, first to July 1, 
1910, and then to July 1, 1912. The old Black Hills National Forest 
having been divided into the Black Hills and Harney National Forests, 
the agricultural appropriation act of August 10, 1912 (37 Stat., 269) 
applies this i^rovision to both, and further extends the time limit to 
July 1, 1914. 

Agricultural appropriation act of June 30, 1906 (34 Stat., 669). 

Timber sales in [684] Hereafter sales of timber on forest reserves in the State of 
California. California shall in every respect conform to the law governing such 

sales in other States, as set forth in the act of June sixth, nineteen hun- 
dred (Thirty-first Statutes at Large, page six hundred and sixty-one). 
Minnesota Na- NoTE. For timber sale provisions relating especially to the Minne- 
tional Forest. ^^^ National Forest (see sec. 2 of the act of May 23, 1908, 35 Stat. , 268). 

Agricultural appropriation act of August 10, 1912 (37 Stat., 269). 

Bales to settlers That the Secretary of Agriculture, under such rules and regulations 
cosi; ^^'^™®'^^ ^* as he shall establish,' is hereby authorized and directed to sell at actual 
cost, to homestead settlers and farmers, for their domestic use, the 
mature, dead and down timber in national forests, but it is not the 
intent of this provision to restrict the authority of the Secretary of 
Agriculture to permit the free use of timber as provided in the Act of 
June fourth, eighteen hundred and ninety seven. 

The act of June 3, 1878 (20 Stat., 88) authorizing the citizens of 
Colorado, Nevada, New Mexico, Arizona, Utah, Wyoming, Dakota, 
Idaho, and Montana and "all other mineral districts of the United 
States" to fell and remove timber on the public domain for mining and 
domestic purposes, is printed on page 64, post, under "Trespass." 

Forest transfer act of February, 190.5 (33 Stat., 628). 

Fulp wood and Sec. 2. That pulp wood or wood pulp manufactured from timber in 
b^xporte^d from ^^^^ district of Alaska may be exported therefrom. 
Alaska. 

1 Modified by agricultural appropriation act of Mar. 4, 1907 (34 Stat., 1270), printed 
next following. 

> This does not prevent the Secretary of Agriculture from causing; tree seeds to be 
collected in the Black Hills Nationa Forest for the use of the Forest Service in seeding 
and planting in other States. The prohibition does not apply to governmental uses. 
(1 Sol. Op., 424.) 



NATIONAL FOREST MANUAL LAWS. 61 

Tarifl act of June 29, 1909, free list, paragraph 652 (36 Stat., 11, on p. 78). 

652. Plants, trees, shrubs, roots, seed cane, and seeds imported by Plants^ trees. 
the Department of Agriculture or the United States Botanic Garden, f^^g/' in^Ported 

Agricultural appropriation act of August 10, 1912. 37 Stat., 269 (Nebraska National 

Forest.) 

Provided, That from the nurseries on said forest the Secretary of Nebraska Na- 
Agriculture, under such rules and regulations as he may prescribe, may ^^°^^^ Forest, 
furnish young trees free, so far as they may be spared, to residents of 
the territory covered by "An Act increasing the area of homesteads in 
a portion of Nebraska," approved April twenty-eighth, nineteen hun- 
dred and four. 

Decisions Applicable to Timber Sale Contracts. 

The general rule is that when one enters into a contract with the 
Government, his obligation thereunder becomes fixed beyond the 
power of any Government official to modify its terms so as to relieve 
him of any of the burdens imposed upon him. (2 Sol. Op., 744, and 
cases there cited.) 

It seems, however, that the proper Government officials may, by 
acquiescence, waive the time limit in a contract by allowing the con- 
tractor to continue the work. In such cases all the other requirements 
of the contract govern the relations of the parties. (Same.) 

It seems also that the head of a department can waive penalties or 
forfeitures provided for in a contract in case of nonperformance within 
the time limit, when the Government suffers no damage by the delay; 
or if it suffers some damage less than the amount of the penalty or 
forfeiture, he may remit all above the actual damage which the Gov- 
ernment has suffered. (Same.) 

It seems further that in cases where the interests of the Government 
clearly so require, the head of a department may modify or abrogate a 
contract with or without the consent of the contractor. If done with- 
out the consent of the contractor and he suffers damage or loss thereby, 
he probably has a claim against the United States for the amount 
thereof. The officer modifying or abrogating a contract may or may 
not have power to settle the claim, depending upon the circumstances 
and the terms of the statute under which he is acting. (Same.) 

The Comptroller of the Treasury applies the foregoing general rules 
to timber sale contracts in the same manner and to the same extent as 
to other contracts with the Government. (See Comptroller's decision 
of Dec. 27, 1911, unpublished.) 

Where a raihoad right of way stipulation provides for payment for 
"merchantable" timber cut from the right of way, and expressly 
declares that "All timber down to the diameter of 4 inches shall be 
considered merchantable," the Secretary of Agriculture has no 
authority to modify the contract so as to require payment only for 
timber down to 6 inches in diameter. (2 Sol. Op., 744.) 

Where, before expiration of a timber sale contract, the purchasers 
notify the forestry officials that they have sold their saw mill and 
equipment, because the contract is unprofitable, and it appears that 
they have done no work under it for several months, the Government 
may treat the contract as abandoned, and sell the remaining timber 
to other parties; but there is no authority to cancel the old contract so 
as to relieve the purchasers thereunder from liability for damages 
thereunder in case any shall have been found to have been sustained 
by the United States. If, in such case, the Government sells the re- 
maining timber to others and receives from them the full price fixed in 
the original contract, then it could not collect such price from the orig- 
inal contractors. (2 Sol. Op., 758.) 

Upon certificate of the proper forest officer that no damage has been 
sustained by the Government through the abandonment of a timber 
sale contract, a refund may be made to the purchaser of any amounts 
paid by him and remaining in the hands of the Government, over and 
above what is due for timber actually taken and for such expenses as 
the Government may have incurred (Solicitor to his Assistant at 
Albuquerque, Oct. 3, 1912.) 



62 NATIONAL FOEEST MANUAL LAWS. 

The decision in 28 Op. Atty. Gen., 12, is limited to the case actually- 
presented and decided, namely, that an executive officer may refrain 
from enforcing a contract when some action of the Government, in its 
soA-ereign capacity, has made it inequitable to do so, although the 
waiver may be prejudicial to its pecuniary interests. That decision 
can not be applied where the only ground for releasing the contractor 
is that the contract has become less profitable than he expected. (Let- 
ter of Attorney General to Secretary of Agriculture, dated June 10, 
191L) 

It is illegal to include in a timber sale contract a clause providing 
for a reduction in stumpage price in consideration of the purchaser's 
reforesting portions of the sale area (Solicitor's letter of Nov. 20, 
1911, to the Forester), or constructing fire lines (1 Sol. Op., 437). 

Timber which has been cut by the purchaser and not removed before 
the date fixed in clause 12 of timber sale Form 202, nevertheless belongs 
to the purchaser when he has paid the double stumping price pro- 
vided for by clause 14. He may, therefore, remove it from the forest 
after the date fixed in clause 12, but must do so in a reasonable time, 
and under the supervision and direction of the forest officers super- 
vising the sale. (2 Sol. Op., 83fi.) 

Secretary of Agriculture may sell insect-infested timber, which is 
a menace to the National Forest, from an unperfected mining claim 
thereon, even without the consent of the claimant (Lewis et al. v. 
Garlock, United States intervener, 168 Fed., 153). 

In view of the exigency created by the great forest fires of the summer 
and fall of 1910, and of the facts presented showing the rapid deterior- 
ation of fire-killed timber in the northern and northwestern States, the 
Secretary of Agriculture may permit the claimants to sell such 
timber from homestead and other claims and from unsurveyed or 
unclassified railroad sections, taking a bond, with adequate security, 
from the purchaser to protect the interest of the United States, as the 
same may ultimately appear. (Letter of the Attorney General to the 
Secretary of Agriculture dated Nov. 23, 1911.) 

It is understood that the foregoing opinion is limited to the situation 
created by the great fires of 1910, and is not to be applied generally, even 
to fire-killed timber, especially in regions where such timber does not 
rapidly deteriorate. (Solicitor to his Assistant at San Francisco, Jan. 
22, 1912.) 

Note. — Prior to the receipt of the above-mentioned letter of the Attorney General, 
the Solicitor had rendered the decisions digested in the four paragraphs next following, 
which are still applicable, except as above stated. 

The Forest Service is not authorized to sell fire-killed timber upon 
homesteads, or to enter into an agreement with homesteaders to sell 
the timber to purchasers and deposit the proceeds in the Treasury to 
be refunded upon the patenting of the claim. (1 Sol. Op.. 327.) 

There is no authority to make an agreement permitting an assignee 
of the Northern Pacific Railroad Co. to cut over lands covered by an 
unperfected selection under the act of March 2, 1899 (30 Stat., 993). 
at his own risk, upon filing a bond to indemnify the Government should 
such selection fail (1 Sol. Op., 463). 

Neither the Northern Pacific Railroad Co. nor the Forest Service, 
nor the two acting together under agreement, can legally dispose of 
timber upon unsurveyed unclassified odd sections within the primary 
limits of the railroad grant. (1 Sol. Op., 327.) 

A mining claim properly marked upon the groimd is presumed to be 
valid until its validity is determined by the Interior Department in a 
proper proceeding and the Forest Service can not sell timber from 
such a claim merely because it appears to the Forest Service to be 
invalid. (1 Sol. Op., 181.) 

GRAZING. 

There are no statutes specifically relating to grazing upon the Na- 
tional Forests. The grazing regulations are based on the provision 

Pr vi i n ^° ^^^ ^^'* "^ "^"^^ ^' -^^^^ (^^ ^^^*-' ^^' ^^)' '^^i^^ ^^"'^^^ ''^^ follows: 

proTe*cTlo*n '^^'^ Secretary of the Interior shall make provisions for the protec- 
against fire, etc. tion against destruction by fire and depredations upon the public forests 



NATIONAL FOREST MANUAL— LAWS. 63 

and forest reservations -which may have been set aside or which may 
be hereafter set aside under the said act of March third, eighteen hun- 
dred and ninety-one, and which maybe continued; and he may make Rules and regu- 
such rules and regulations and establish such service as will insure the ^ ^°°^' 
objects of such reservations, namely, to regulate their occupancy and 
use and to preserve the forests thereon from destruction; and any y®°^25^p 166 
Adolation of the provisions of this act or such rules and regulations ^° g^ g^". 5388, 
shall be punished as is provided for in the act of June fourth, eighteen p. io44.' 
hundred and eighty-eight, amending section fifty -three hundred and 
eighty-eight of the Revised Statutes of the United States. 

DECISIONS APPLICABLE TO GRAZING. 

The Secretary of Agricultiue has the authority to make a charge for 
the use of lands in a National Forest for grazing (United States v. 
Grimaud et al., 220 U. S., 506, 522). 

The usual grazing permit constitutes merely a license revocable 
at the discretion of the Secretary of Agriculture. (2 Sol. Op., 895.) 

A person who has secured a waiver of grazing privileges in his favor 
cannot rely on the prior issuance of a permit to the person from whom 
he purchased as creating an estoppel against the Government to cancel 
the permit, there being no mutuality between the Government and 
such transferee. (Same.) 

The Forest Service may collect the usual kidding or lambing charge 
for kidding or lambing on an unperfected mining claim within a 
National Forest where the claimant waives his right to exclusive pos- 
session under the mining laws. (2 Sol. Op., 865.) 

For decisions relating to grazing trespasses, see ' ' Trespass, grazing, ' ' post, p. 72. 

TRESPASSES. 
TIMBER TRESPASSES. 
Criminal Code op March 4, 1909 (36 Stat., 1088, 1098). 

Sec. 49. Whoever shall cut, or cause or procure to be cut, or shall Cutting and re- 
wantonly destroy, or cause to be wantonly destroyed, any timber ™°j^p^j° Up J^^g*^ 
growing on the public lards of the United States; or whoever shall re- 
move, or cause to be removed, any timber from said public lands, with 
intent to export or to dispose of the same; or whoever, being the 
owner, master, or consignee of any vessel, or the owner, director, or 
agent of any railroad, shall knowingly transport any timber so cut or 
removed from said lands, or lumber manufactured therefrom, shall 
be fined not more than one thousand dollars, or imprisoned not more 
than one year, or both. Nothing in this section shall prevent any Rights of claini- 
miner or agriculturist from clearing his land in the ordinary working f^^g."" ^^ ^° 
of his mining claim, or in the preparation of his farm for tillage, or from 
taking the timber necessary to support his improvements, or the taking 
of timber for the use of the United States. And nothing in this section 
shall interfere with or take away any right or privilege under any 
existing law of the United States to cut or remove timber from any 
public lands. 

Sec. 50. Whoever shall unlawfully cut, or aid in unlawfully cutting, Cutting timber 
or shall wantonly injure or destroy, or procure to be wantonly in'ured land"^ reserve 
or destroyed, any tree, growing, standing, or being upon any land 
of the United States which, in pursuance of law, has been reserved or 
purchased by the United States for any public use, or upon any Indian 
reservation, or lands belonging to or occupied by any tribe of Indians 
under the authority of the United States, or any Indian allotment 
while the title to the same .shall be held in trust by the Government, 
or while the same shall remain inalienable by the allottee without the 
consent of the United States, shall be fined not more than five hundred 
dollars, or imprisoned not more than one year, or both. (As amended 
by act June 25, 1910, 36 Stat., 855, 857.) 

Sec. 51. Whoever shall cut, chip, chop, or box any tree upon any Boxing for tur- 
lands belonging to the United States, or upon any lands covered by ^^^ ^°^" 
or embraced in any unperfected settlement, application, filing, entry. 



64 NATIONAL FOREST MANUAL LAWS. 

selection, or location, made under any law of the United States, for 
the purpose of obtaining from such tree any pitch, turpentinCj or other 
substance, or shall knowingly encourage, cause, procure, or aid in the 
cutting, chipping, chopping, or boxing of any such tree, or shall buy, 
trade for, or in any manner acquire any pitch, turpentine, or other 
substance, or any article or commodity made from any such pitch, 
turpentine, or other substance, when he has knowledge that the same 
has been so unlawfully obtained from such trees, shall be fined not more 
than five hundred dollars, or imprisoned not more than one year, or 
both. 

Act of June 4, 1897 (30 Stat., 11). 

Provisions for [35] The Secretary of the Interior shall make provisions for the pro- 
a^ins\ fire* etc ° taction against destruction by fire and depredations upon the public 
' ' forests and forest reservations which may have been set aside or which 
may be hereafter set aside under the said act of March third, eighteen 
Rules and regu- hundred and ninety-one, and which may be continued; and he may 
lations. make such rules and regulations and establish such service as will 

insure the objects of such reservations, namely, to regulate their occu- 
pancy and use and to preserve the forests thereon from destruction; 
Penalty. and any violation of the provisions of this act or such rules and regula- 

R s*'*'sec^5388 tions shall be punished as is provided for in the act of June fourth, 
' ' ' ' eighteen hundred and eighty-eight, amending section fifty-three hun- 
dred and eighty-eight of the Revised Statutes of the United States. 

Note. — The statutes referred to in the closing lines of the above act were both ex- 
pressly repealed by the revised criminal code of 1909. The amending act (25 Stat., 166) 
is, however, printed next below. 

Act of June 4, 1888 (25 Stat., 166). 

Penalty for tres- Section fifty- three hundred and eighty-eight of the Revised Statutes 
P^^- of the United States be amended so as to read as follows: "Every person 

who unlawfully cuts, or aids or is employed in unlawfully cutting, or 
wantonly destroys or procures to be wantonly^ destroyed, any timber 
standing upon the land of the United States which, in pursuance of law, 
may be reserved or purchased for military or other purposes, or upon 
any Indian reservation, or lands belonging to or occupied by any tribe 
of Indians under authority of the United States, shall pay a fine of not 
more than five hundred dollars or be imprisoned not more than twelve 
months, or both, in the discretion of the court." 

Act June 3, 1878 (20 Stat., 88). 
[This act applies only to unreserved land not within National Forests.] 

Timber in min- Sec. 1. All citizens of the United States and other persons, bona fide 
be^cuf '^"''^^ °^*^ residents of the State of Colorado, or Nevada, or either of the Territories 
of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, 
and all other mineral districts of the United States, shall be, and are 
hereby, authorized and permitted to fell and remove, for building, 
agricultural, mining, or other domestic purposes, any timber or other 
trees growing or being on the public lands, said lands being mineral, 
and not subject to entry under existing laws of the United States, except 
for mineral entry, in either of said States, Territories, or districts of 
which such citizens or persons may be at the time bona fide residents, 
Secretary of the subject to such rules and regulations as the Secretary of the Interior may 
Jlte'"'"^ *° '^^^"' prescribe for the protection of the timber and of the undergrowth grow- 
Not to extend ing upon such lands, and for other purposes: Provided, The provisions 
to railroads. of this act shall not extend to railroad corporations. 

[Note.— By virtue of power granted to the Secretary of the Interior under act of June 

3, 1878 (20 Stat., 88), said Secretary provides, in his "rules and regulations governing the 

use of timber on the public mineral lands" (29 L. D., 571): 

Disposal of tops, "Sec. 9. Persons felling or removing timber under the provisions of this act must 

brush, and other utilize all of each tree cut that can be profitably used, and must dispose of the tops, 

refuse. brush, and other refuse in such manner as to prevent the spread of forest fires." 

Duty of land Sec. 2. It shall be the duty of the register and the receiver of any 

officers. local land office in whose district any mineral land may be situated to 

ascertain from time to time whether any timber is being cut or used 

upon any such lands, except for the purposes authorized by this act, 

within their respective land districts; and, if so, they shall immedi- 



NATIONAL FOREST MANUAL LAWS. 



65 



ately notify the Commissioner of the General Land Office of that fact; 
and all necessary; expenses incurred in making such proper examina- 
tions shall be paid and allowed such register and receiver in making 
up their next quarterly accounts. 

[89] Sec. 3. Any person or persons who shall violate the provisions 
of this act, or any rules and regulations in pursuance thereof made by 
the Secretary of the Interior, shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall be fined in any sum not exceeding five 
hundred dollars, and to which may be added imprisonment for any 
term not exceeding six months. 



Trespass. 



Penalty. 



Act March 3, 1891 (26 Stat., 1093), amending section 8 of tlie act to repeal the timber cul- 
ture laws. 

Sec. 8. * * * And in the States of Colorado, Montana. Idaho, Timber from 
North Dakota, and South Dakota, Wyoming, and the District of Alaska, f^^^^ timber 
and the gold and silver regions of Nevada and the Territory of Utah in 
any criminal prosecution or civil action by the United States for a tres- 
pass on such public timber lands or to recover timber or lumber cut 
thereon it shall be a defense if the defendant shall show that the said Defenses, 
timber was so cut or removed from the timberlands for use in such 
State or Territory by a resident thereof for agricultural, mining, manu- Agricultural, 
facturing, or domestic purposes under rules and regulations made and nuiuJig) etc., uses, 
prescribed by the Secretary of the Interior and has not been trans- 
ported out of the same, but nothing herein contained shall operate to 
enlarge the rights of any railway company to cut timber on the public 
domain, provided that the Secretary of the Interior may make suitable 
rules and regulations to carry out the provisions of this act, and he may 
designate the sections or tracts of land where timber may be cut, and 
it shall not be lawful to cut or remove any timber except as may be 
prescribed by such rules and regulations, but this act shall not operate 
to repeal the act of June third, eighteen hundred and seventy-eight, 
providing for the cutting of timber on mineral lands. 

The above act was extended to New Mexico and Arizona by the amending act of 
February 13,1893 (27 Stat., 444), and to California, Oregon, and Washington by the 
amending act of March 3, 1901 (31 Stat., 1436). 

fire trespasses. 
Criminal Code of March 4, 1909 (36 Stat., 1088, 1098, and 1099). 

Sec. 52. WTioever shall willfully set on fire, or cause to be set on fire, 
any timber, underbrush, or grass upon the public domain, or shall 
leave or suffer fire to burn unattended near any timber or other in- 
flammable material, shall be fined not more than five thousand dollars, 
or imprisoned not more than two years, or both. 

Sec. 53. WTioever shall build a fire in or near any forest, timber, or 
other inflammable material upon the public domain, or upon any In- 
dian reservation, or lands belonging to or occupied by any tribe of 
Indians under the authority of the United States, or upon any Indian 
allotment while the title to the same shall be held in trust by the Gov- 
ernment, or while the same shall remain inalienable by the allottee 
without the consent of the United States, shall before leaving said fire, 
totally extinguish the same; and whoever shall fail to do so shall be 
fined not more than one thousand dollars, or imprisoned not more than 
one year, or both. (As amended by Act June 25, 1910, 36 Stat., 855, 
857.) 

Sec. 54. In all cases arising under the two preceding sections the 
fines collected shall be paid into the public school fund of the county 
in which the lands where the offense was committed are situated . 



Setting fires. 



Same. 



Fines go 
school fund. 



UNLAWFUL FENCING. 

Act of Feb. 25, 1885 (23 Stat., 321), to prevent unlawful occupancy of the public lands. 

Sec. 1. That all inclosures of any public lands in any State or Terri- ^"'?'°f."''® • °' 
tory of the United States, heretofore or to be hereafter made, erected, out daim foTbid- 
or constructed by any person, party, association, or corporation, to den. 
any of which land included within the inclosure the person, party, 

66777 °— 13 5 



66 NATIONAL FOREST MANUAL LAWS. 

association, or corporation making or controlling the inclosure had no 
claim or color of title made or acquired in good faith, or an asserted 
right thereto by or under claim, made in good faith with a view to entry 
thereof at the proper land office under the general laws of the United 
States at the time any such inclosure was or shall be made, are hereby 
declared to be unlawful, and the maintenance, erection, construction, 
Assertion of ex- or control of any such inclosure is hereby forbidden and prohibited; 

elusive right. ^^^ ^^le assertion of a right to the exclusive use and occupancy of any 
part of the public lands of the United States in any State or any of the 
Territories of the United States, without claim, color of title, or asserted 
right as above specified as to inclosure, is likewise declared unlawful, 
and hereby prohibited.' 
Ciyilsiiit. Affi- Sec. 2. That it shall be the duty of the district attorney of the United 

zen ''^^°y*'"'" States for the proper district, on affidavit filed with him by any citizen 
of the United States that section one of this act is being violated, show- 
ing a description of the land inclosed with reasonable certainty, not 
necessarily by metes and bounds nor by governmental subdivisions of 
surveyed lands, but only so that the inclosure may be identified, and 
the persons guilty of the violation, as nearly as may be, and by descrip- 
tion, if the name can not on reasonable inquiry be ascertained, to insti- 
tute a civil suit in the proper United States district or circuit court, or 
Territorial district court, in the name of the United States, and against 
the j5arties named or described who shall be in charge of or controlling 
the inclosure complained of as defendants; and jurisdiction is also 
hereby conferred^ on any United States district or circuit court, or Ter- 
ritorial district court, having jurisdiction over the locality where the 
land inclosed, or any part thereof, shall be situated, to hear and deter- 
Injimction. mine proceedings in equity, by writ of injunction, to restrain violations 
of the provisions of this act; and it shall be sufficient to give the court 
jurisdiction if service of original process be had in any civil proceeding 
on any agent or employee having charge or control of the inclosure; 
and any suit brought under the provisions of this section shall have 
precedence for hearing and trial over other cases on the civil docket of 
the court, and shall be tried and determined at the earliest practicable 
Summary de- day. In any case, if the inclosure shall be found to be unlawful, the 

s rue ion. court shall make the proper order, judgment, or decree for the destruc- 

tion of the inclosure, in a summary way, unless the inclosure shall be 
removed by the defendant within five days after the order of the court. 
Obstniction of Sec. 3. That no person, by force, threats, intimidation, or by any 

or pE^sage™for- fencing or inclosing, or any other unlawful means, shall prevent or ob- 

bidden. struct, or shall combine and confederate with others to prevent or ob- 

struct, any person from peaceably entering upon or establishing a set- 
tlement or residence on any tract of public land subject to settlement 
or entry under the public lands laws of the United States, or shall pre- 
vent or obstruct free passage or transit over or through the public 
lands: Provided, This section shall not be held to affect the right or 
title of persons who have gone upon, improved, or occupied said lands 
under the land laws of the United States, claiming title thereto, in good 
faith. 
Criminal aetion. Sec. 4. That any person violating any of the j)rovisions hereof, 
Penalty. whether as owner, part owner, agent, or who shall aid, abet, counsel, 

advise, or assist in any violation hereof, shall be deemed guilty of a 
misdemeanor, and fined in a sum not exceeding one thousand dollars 
or be imprisoned not exceeding one vear, or both, for each offense. 
(As amended by act Mar. 10, 1908 (SS'Stat., 40).) 

1 It is unlawful under this act for persons who have acquired the right to use railroad 
odd sections to construct a fence located entirely on the odd sections, but in such a man- 
ner as to inclose with the odd sections some of the even sections belonging to the Govern- 
ment. (Camfield v. United States, 167 U.S., 538.) In this case the court relied upon the 
maxim that one must use his own so as not to injure another; and as this gave rise to the 
suggestion that the result would involve the exercise by the United States of police power 
within a State, the court said, " We do not think the admission of a Territory as a State 
deprives it (Congress) of the power of legislating for the protection of the public lands, 
though it may thereby involve the exercise of what is ordinarily known as the police 
power, so long as such power is directed solely to its own protection. A different rule 
would place the public domain of the United States completely at the mercy of State 
legislation." 



NATIONAL FOREST MANUAL — LAWS. 67 

Sec. 5. That the President is hereby authorized to take such meas- President may 
ures as shall be necessary to remove and destroy any unlawful inclosure Jo™e7^ 
of any of said lands, and to employ civil or military force as may be 
necessary for that purpose. 

Sec. 6. That where the alleged imlawful inclosure includes less than inclosures of 
one hundred and sixty acres of land, no suit shall be brought under the ^^(f^^gg '^^^ ^" 
provisions of this act without authority from the Secretary of the Inte- 
rior. 

Sec. 7. That nothing herein shall affect any pending suits to work Pending suits 
their discontinuance, but as to them hereafter they shall be prosecuted °°* affected. 
and determined under the provisions of this act. 

MISCELLANEOUS TRESPASSES AND OTHER OFFENSES AGAINST THE 
UNITED STATES. 

Act of June 8, 1906 (34 Stat., 225), for the preservation of American antiquities. 

Any person who shall appropriate, excavate, injure, or destroy any Destruction of 
historic or prehistoric ruin or monument, or any object of antiquity, historic and pre- 
situated on lands owned or controlled by the Government of the United ment™and™uins 
States, without the permission of the Secretary of the Department of prohibited, 
the Government having jurisdiction over the lands on which said antiq- 
uities are situated, shall, upon conviction, be fined in a sum of not more 
than five hundred dollars or be imprisoned for a period of not more than Penalty, 
ninety days, or shall suffer both fine and imprisonment, in the discre- 
tion of the court. 

The remainder of the foregoing act, authorizing the establishment of national mon- 
uments, is printed ante, page 12. 

Criminal Code of March 4, 1909. 

Sec. 84. Whoever shall hunt, trap, capture, willfully disturb, or Hunting, etc., 
kill any bird of any kind whatever, or take the eggs of any such bird, on bird refuges, 
on any lands of the United States which have been set apart or reserved 
as breeding grounds for birds by any law, proclamation, or executive 
order, except under such rules and regulations as the Secretary of Agri- 
culture may, from time to time, prescribe, shall be fined not more than 
five hundred dollars, or imprisoned not more than six months, or both. 

(The foregoing section seems to be a codification of the act of June 28, 
1906 (34 Stat., 536). That act, however, is not specifically repealed, 
and it contains the following proviso: "Provided, That the provisions 
of this act shall not apply to the Black Hills Forest Reservation, in 
South Dakota.") 

Act of Jan. 24, 1905 (33 Stat., 614); act of June 29, 1906 (34 Stat.. 607). 

The foregoing acts, which authorize the establishment of the Wichita game and bird 
refuge and the Grand Canyon game refuge contain penal provisions substantially the 
same as in section 84, supra. 

Sec. 55. Whoever, except forest rangers and other persons employed Trespass ou 
by the United States to protect the forest. Federal and State officers Bull Run Forest. 
in the discharge of their duties, and the employees of the water board 
of the city of Portland, State of Oregon, shall knowingly trespass upon 
any part of the reserve known as Bull Run National Forest, in the Cas- 
cade Mountains, in the State of Oregon, or shall enter thereon for the 
purpose of grazing stock, or shall engage in grazing stock thereon, or 
shall permit stock of any kind to graze uiereon, shall be fined not more 
than five hundred dollars, or imprisoned not more than six months, 
or both. 

Sec. 56. Whoever shall knowingly and unlawfully break, open or Breaking inclo- 
destroy any gate, fence, hedge, or wall inclosing any lands of the United ^"'■^^• 
States which, in pursuance of any law, have been reserved or purchased 
by the United States for any public use; or whoever shall drive any 
cattle, horses, hogs, or other live stock upon any such lands for the pur- 
pose of destroying the grass or trees on said lands, or where they may 
destroy the said grass or trees; or whoever shall kno^vingly permit his Permitting 
cattle, horses, hogs, or other live stock, to enter through any such stock to trespass, 
inclosure upon any such lands of the United States, where such cattle, 
horses, hogs, or other live stock may or can destroy the grass or trees or 
other property of the United States on the said lands, shall be fined not 



68 NATIONAL FOREST MANUAL LAWS. 

more than five hundred dollars, or imprisoned not more than one year, 
or both: Provided, That nothing in this section shall be construed to 
apply to unreserved public lands. 
False persona- Sec. 32. Whoever, with intent to defraud either the United States 
tion, etc. or a,ny person, shall falsely assume or pretend to be an officer or employee 

acting under the authority of the United States or any department, or 
any officer of the Government thereof, and shall take upon himself to 
act as such, or shall in such pretended character demand or obtain from 
any person or from the United States, or any department, or any officer 
of the Government thereof, any money, paper, document, or other valu- 
able thing, shall be fined not more than one thousand dollars, or impris- 
oned not more than three years, or both. 
TT^t'd^lt^f °^ ^^^- '^'^- Whoever shall rob another of any kind or description of 
prSlrty personal property belonging to the United States, or shall feloniously 

take and carry away the same, shall be fined not more than five thou- 
sand dollars, or imprisoned not more than ten years, or both. 
Embezzlement, Sec. 47. Whoever shall embezzle, steal, or purloin any money, prop- 
theft, etc. erty, record, voucher, or valuable thing whatever, of the moneys, goods, 
chattels, records, or property of the United States, shall be fined not 
more than five thousand dollars, or imprisoned not more than fi^•e 
years, or both. 
Receivirg sto- Sec. 48. Whoever shall receive, conceal, or aid in concealing, or 
len property. shall have or retain in his possession with intent to convert to his own 
use or gain, any money, property, record, voucher, or valuable thing 
whatever, of the moneys, goods, chattels, records, or property of the 
United States, which has theretofore been embezzled, stolen, or pur- 
loined by any other person, knowing the same to have been so embez- 
zled, stolen, or purloined, shall be fined not more than five thousand 
dollars, or imprisoned not more than five years, or both; and such per- 
son may be med either before or after the conviction of the principal 
offender. 
Destroying gEc. 57. Whoever shall willfully destroy, deface, change, or remove 
vey comers, etc. ' ^^ another place any section corner, quarter-section corner, or meander 
post, on any Government line of survey, or shall willfully cut down 
any witness tree or any tree blazed to mark the line of a Government 
survey, or shall willfully deface, change, or remove any monument or 
bench mark of any Government survey, shall be fined not more than 
two hundred and fifty dollars, or imprisoned not more than six months, 
or both. 
Malicious de- Sec. 60. Whoever shall willfully or maliciously injure or destroy any 
United 's t'ates '^^ ^^^ works, property, or material of any telegraph, telephone, or cable 
property, etc. line, or system, operated or controlled by the United States, whether 
constructed or in process of construction,' or shall willfully or maliciously 
interfere in any way with the working or use of any such line, or sys- 
tem, or shall willfully or maliciously obstruct, hinder, or delay the 
transmission of any communication over any such line, or system, shall 
be fined not more than one thousand dollars, or imprisoned not more 
than three years, or both. 
Perjury. Sec. 125. Whoever, having taken an oath before a competent tri- 
bunal, officer, or person, in any case in which a law of the United 
States authorizes an oath to be administered, that he will testify, de- 
clare, depo.se, or certify truly, or that any written testimony, declara- 
tion, deposition, or certificate by him subscribed, is true, shall willfully 
and contrary to such oath state or subscribe any material matter which 
he does not believe to be true, is guilty of perjury, and shall be fined 
not more than two thousand dollars and imprisoned not more than five 
years. 

PROCEDURE. 

Act of February 6, 1905 (33 Stat., 700), for the protection of the public forest leserves and 
national parks of the United States. 

=t\,ffi™rc''^ ^°'^' -^^^ persons employed in the forest reserve and national park service 
of the United States shall have authority to make arrests for the viola- 
tion of the laws and regulations relating to the forest reserves and 
national parks, and any person so arrested shall be taken before the 
nearest United States commissioner, within whose jurisdiction the 
reservation or national park is located, for trial; and upon sworn infor- 



fst officers. 



NATIONAL FOREST MANUAL LAWS. 69 

mation by any competent person any United States commissioner m 
the proper jurisdiction shall issue process for the arrest of any person 
charged with the viol?tion of said laws and regulations; but nothing 
herein coTitained shall be construed as preventing the arrest by any 
officer of the United States, without process, of any person taken m the 
act of violating said laws and regulations. 

United States Revised Statutes. 

Sec. 183. Any officer or clerk of any of the Departments lawfully Officers, etc., 
detailed to investigate frauds or attempts to defraud on the Govern- ^'^^j, a^n^'nister 
raent, or any irregularity or misconduct of any officer or agent of the 
ITnited States, shall have authority to administer an oath to any witness 
attending to testify or depose in the course of such investigation. 

decisions relating to trespasses. 

Cutting of Timber. 

in general. 

By a modification of the earlier doctrine of equity, injimction will 
now lie to prevent irremediable mischief to the substance of the estate 
as by the mining of ores or the cutting of trees by one in possession of 
lands while the title is in litigation. (Erhardti'. Boaro, 113 U. S., 537.) 

Where one has unlawfully cut timber from lands of the United States 
it is no defence that he acted in accordance with a general custom in 
the locality, known to the general land office, of entering lands and 
cutting the timber before patent issued. (Teller v. United States 
(C. C. A.), 113 Fed., 273.) 

An instruction to the jury that if defendant entered upon public 
land knowing it to be such, without having complied with the provi- 
sions of law giving him a right to do so, and cut timber therefrom, they 
would be authorized to find the requisite criminal intent, fairly states 
the law, and is as favorable as the defendant is entitled to. (Teller v. 
United States (0. C. A.), 113 Fed., 273.) 

FROM PUBLIC MINERAL LANDS. 

« 

The act June 3, 1878 (20 Stat., 88), seems to apply only in the States 
and Territories specifically mentioned therein. (United States v. 
Smith, 11 Fed., 487; United States v. Benjamin, 21 Fed., 285; United 
States V. English, 107 Fed., 867.) 

The right to cut timber under this act extends only to lands valuable 
for minerals and not to lands adjacent thereto, or lying in a recognized 
mineral region, but not themselves valuable for their minerals. (United 
States V. Plowman, 216 U. S., 327.) 

The cutting of timber from mineral lands for roasting of ores is author- 
ized by the act of 1878, whether this process be considered a part of 
the mining or as smelting. In either event the use is for "domestic 
purposes." (United States v. United Verde Copper Co., 196U. S., 207.) 

One who cuts timber from public mineral lands and sells the same, 
or the lumber manufactured therefrom, without taking from the pur- 
chaser a written statement of the purposes for which the same is in- 
tended to be used, as required by the regulations of the Secretary of 
the Interior, is guilty of a violation of the statute. (United States v. 
Redes, 69 Fed., 965.) 

The act of 1878 (20 Stat., 88) and the act of March 3, 1891 (26 Stat., 
1093), have been construed by the land department as having prac- 
tically the same scope and purpose, the one applying only to mineral 
and the other only to nonmineral lands. Held, therefore, on the 
authority of United States v. United Verde Copper Co., supra, that the 
latter statute authorizes the use of timber for smelting purposes. (34 
L. D., 78.) 



70 NATIONAL FOREST MANUAL LAWS. 

FROM HOMESTEAD CLAIMS. 

The settler upon a honaestead claim may cut such timber as is 
necessary to clear the land for cultivation or to build him a house, 
outbuildings, and fences, and, perhaps, as indicated in the charge 
of the coiu't below, to exchange such timber for lumber to be de- 
voted to the same purposes, but not to sell the same for money, 
except so as the timber may have been cut for the purpose of cultiva- 
tion. While, as was claimed in this case, such money might be used 
to build, enlarge, or finish a house, the toleration of such practice 
would open the door to manifold abuses, and be made an excuse for 
stripping the land of its valuable timber. One man might be content 
with a house worth $100, while another might, under the guise of using 
the proceeds of the timber for improvements, erect a house worth sev- 
eral thousands. A reasonable construction of the statute — a construc- 
tion consonant both with the protection of the property of the Gov- 
ernment in the land and the rights of the settler — we think restricts 
him to the timber actually cut or the lumber exchanged for such 
timber and used for his improvements, and to such as is necessarily 
cut in clearing the land for cultivation. (Shiver v. United States, 159 
U. S., 491, 498; see also, United States v. Cook, 19 Wall., 591; Conway 
V. United States (C. C. A.), 95 Fed., 615.) 

The cutting and removal of timber from a homestead claim must be 
for a legitimate purpose, having some connection with the cultivation 
and improvement of the land, l)ut it is eiTor to instruct the jury that 
the timber could only be cut '"in pursuance of a definite plan that the 
plow should follow the ax," and that if the timber was cut from lands 
''not put in cultivation, and not to be put immediatelj^ into cultiva- 
tion, then the law presumes that they intended to violate the law." 
(Grubbs7). United States (C. C. A.), 105 Fed., 314.) _ 

After final proof and the issuance of final certificate, homestead 
entrymen may cut and remove timber from theii' claims for any pur- 
pose. (1 Sol. Op., 327.) 

PROM MINING CLAIMS. 

An occupant of a mineral claim, who has applied for patent, has no 
right to cut and sell the timber thereon before payment of the Govern- 
ment price and issuance of final certificate, and a license from him to 
so cut the timber is no protection to the licensee. (Teller v. United 
States (C. C. A.), 113 Fed., 273; see also United States v. Nelson, 5 
Sawyer, 68.) 

When, however, the timber on a mining claim in a national forest 
is infested with insects so as to be a menace to the young and gi'owing 
trees, the Government, having the paramount title, may, through the 
Forest Service, sell and dispose of such timber, even without the con- 
sent of the claimant. (Lewis et al. v. Garlock (United States, inter- 
vener), 168 Fed., 153.) 

FROM RAILROAD LANDS. 

The grant to the Northern Pacific Railroad Co. vested in the grantee 
a present title to the odd sections on the definite location of the road, 
but the Government makes its own surveys, and until survey by the 
Government the United States retains at least a special property in 
all the timber in the township and may recover for timber cut by the 
company or its gi-antees notwithstanding a survey made by the com- 
pany shows the land cut over to be an odd section. Such a survey is 
inadmissible as evidence that the land is part of an odd section. (United 
States V. Montana Lumber Co., 196 U. S., 573.) 

The mineral return of the Surveyor General under the grant to the 
Central Pacific Railroad Co., of July 1, 1862, and July 2, 1864, is 
merely prima facie evidence of the mineral character of the land, 
which may be inquired into by the Department of the Interior at any 
time before patent. (2 Sol. Op., 897.) 

The Department of Agriculture is not authorized to handle the sale 
of timber cut in trespass upon lands within the primary limits of the 
Northern Pacific Raikoad grant, even though such lands lie within 
the exterior limits of a National Forest. (1 Sol. Op., 541.) 



NATIONAL FOREST MANUAL LAWS. * 71 

FROM LIEU SELECTION. 

Prior to the approval of a selection under the indemnity school and 
university land grants title in the land remains in the United States 
and no one has a right to go upon the land and cut the timber there- 
from. (1 Sol. Op., 468.) 

DAMAGES— INNOCENT AND WILLFUL TRESPASSES. 

One innocently purchasing timber unlawfully and willfully cut from 
Government lands and transported to market by his vendor is liable 
for its value at the time and place of his purchase without any deduc- 
tion for value added by the acts of the willful trespasser. (Wooden- 
ware Co. V. United States, 106 U. S., 432.) 

In a case of innocent trespass the measure of damages is the value of 
the timber after it was cut at the time and place where it was cut. 
(United States v. St. Anthony R. R. Co., 192 U. S., 524; 1 Sol. Op., 298; 
40 L. D., 518, 525.) 

In a letter of instructions to the United States attorney at Helena, 
Mont., dated September 7, 1910, the Acting Attorney General, after 
reviewing the authorities and discussing the conflicting cases, says: 

"After a somewhat careful examination of the authorities cited and 
many others, the department is of the opinion that, where timber has 
been inadvertently cut from the public lands, (1) the timber imme- 
diately after felling becomes the personal property of the United 
States (Sampson v. Hammond, 4 Cal., 184); (2) an action of trover will 
lie for its conversion (Sampson v. Hammond, supra; White v. Yawkey, 
108 Ala., 270, 275); (3) the value of the property when first taken is 
the measure of damages recoverable (Woodenware case, 106 U. S., 432, 
434); and (4) the value of the property when first taken, within the 
meaning of the Woodenware case, is its value immediately when it 
takes the form of personal property — i. e., immediately after severance 
from the freehold {White v. Yawkey, 108 Ala., 270, 274, 275)." 

In Pine River Logging Co. v. United States (186 U. S., 279, 293) the 
doctrine of the Woodenware case as to willful trespasses is stated to be 
that "if the trespass be willfully committed the trespasser can obtain 
no credit for the labor expended upon it, and is liable for its full value 
when seized;" and this rule was applied in the case under considera- 
tion, the parties in the possession of the timber at that time being 
found to have participated in the trespass. 

^Vhere timber is cut upon public land by one who knows that the 
land belongs to the Government, or who has no reasonable ground to 
believe that it belongs to himself or to some one under whom he 
claims, the trespass is a willful one. (Bly v. United States, Fed. case 
No. 1581, 4 Dill., 464.) 

In actions of trespass where the injury has been wanton and mali- 
cious or gross and outrageous, courts permit juries to add to the meas- 
ured compensation of the plaintiff, which he would have been entitled 
to recover had the injury been inflicted without design or intention, 
something further by way of punishment or example, which has some- 
times been called "smart money." (Day v. Woodworth, 13 How., 
362, 371; see also Barry v. Edmunds, 116 U. S., 550.) 

Where the defendant admits the cutting and removal of timber from 
public lands, the Government is entitled to at least nominal damages, 
m the absence of direct evidence of the value of the standing trees. 
(United States v. Mock, 149 U. S., 273; see also United States v. Tay- 
lor, 35 Fed., 484.) 

In trover for crude turpentine unlawfully but not willfully taken 
from pine trees, the measure of damages is its value at the time of 
conversion with interest. (Quitman Naval Stores Co. v. Conway, 
58 So. Rep., 840; Solicitor to his Assistant at Albuquerque, Dec. 26, 
1912.) 

Fire Trespasses. 

In United States v. Henry Clay (unreported), Southern District of 
California, the defendant was indicted under section 52, of the Criminal 
Code, and the jury were charged by Judge Wellborn in part as follows: 



72 4 NATIONAL FOREST MANUAL LAWS. 

"It is immaterial whether the fire * * * originated on private 
land if it was set willfully and if in the course of nature and in view 
of all the surroundings the said fire would reasonably be expected to be 
communicated to the public domain. A man has no lawful right to 
set fire to his own property if he has reason to believe or intends that 
Buch fire will be communicated to the property of others and destroy it. " 

In an action by the United States against a railroad company to 
recover for loss of timber alleged to have been biirned through defend- 
ant's negligence in permitting inflammable material to accumulate on 
its right of way, in which fire was started from an engine and spread 
into the timber on a forest reservation, a letter written by a forest 
inspector to the secretary of defendant some time before the fire, 
inclosing a report from a ranger as to the dangerous condition oi the 
right of way, and asking that it be remedied, was not inadmissible as 
a self-serving declaration, but was properly admitted to show actual 
notice to defendant of the condition referred to therein, the fact being 
otherwise proved. (Corvallis & E. R. Co. v. United States, 191 Fed. 
Rept., 310.) 

On an issue as to the condition of a locomotive alleged to have caused 
a fire on defendant's right of way because of its defective condition which 
permitted the escape of fire and sparks, the admission in evidence of 
the testimony of the fireman of defendant's machine shop as to the 
condition of the engine, both before the fire and after its return from 
the trip on which the fire occurred, the purpose being to show its con- 
dition before and at the time of the fire, was not prejudicial error. 
(Same.) 

(Liability of railroads for injuries by fire as affected by management 
of locomotives, see note to Woodward v. Chicago, M. & St. P. Ry. Co., 
75C. A. C, 598.) 

Injunction will lie to prevent the accumulation of inflammable 
material upon a railroad right of way within the National Forests when 
such accumulation is shown to be dangerous to the forests. (1 Sol. Op., 
300, 52G.) 

There is no authority in the department to make settlement with the 
Great Northern Railway Co. of a fire trespass, by which the company 
shall pay at once for all timber destroyed or damaged, with an agree- 
ment that any money received from the sale of damaged timber to a 
thii'd party, less costs of the sale, shall be paid over to the company. 
(1 Sol. Op., 496.) 

It is not the duty of forest officers to dii-ectly prosecute in a State 
court a person accused of violating a State statute by setting out a fire 
which spread to National Forest lands. In such case they would per- 
form theii- full duty by calling the attention ot the proper State oflficers 
to the alleged criminal offense, suggesting action and offering to aid in 
all proper ways. (2 Sol. Op., 693.) 

The acquittal of a fire trespasser in a State court is no bar to his pros- 
ecution in a United States court for a violation of the Federal laws 
arising out of the same acts. (Solicitor to his Assistant at Denver- 
Sept. 10, 1912.) 

The Government is entitled to recover for damage to reproduction 
(United States v. Corvallis & Eastern R. R. Co., 191 Fed.. 310; United 
States V. N._ P. R. R. Co., Dec. 2, 1911, in United States District Court, 
Western District of Washington, and case of United States v. C. O. 
Bailey, receiver for Mo. Pac. Ry. Co. and Title Guarantee Surety 
Co., in United States District Coiirt for South Dakota, Sept. 7, 1910), 
the verdicts in which cases include such damage. 

Grazing Trespasses. 

[United States v. Grimaud et al., 220 U. S., 506, syllabus.] 

Under the acts establishing forest reservations, their use for grazing 
or other lawful purposes is subject to rules and regulations established 
by the Secretary of Agriculture, and it being impracticable for Congress 
to provide general regulations, that body acted within its constitutional 
power in conferring power on the Secretary to establish such rules; the 
power so conferred being administrative and not legislative, is not an 
unconstitutional delegation. 



NATIONAL FOREST MANUAL LAWS. 73 

While it is difficult to define the line which separates legislative power 
to make laws and administrative authority to make regulations, Con- 
gress may delegate power to fill up details where it has indicated its 
will in the statute, and it may make violations of such regulations 
punishable as indicated in the statute; and so held that regulations 
made by the Secretary of Agriculture as to grazing sheep on forest 
reserves have the force of law and that violations thereof are punish- 
able, under act of June 4, 1897, chapter 2 (30 Stat., 35), as prescribed 
in section 5388, Revised Statutes. 

Congress can not delegate legislative power (Field v. Clark, 143 
U. S., 692), but the authority to make administrative rules is not a 
delegation of legislative power, and such rules do not become legisla- 
tion because violations thereof are punished as public offenses. 

Even if there is no express act of Congess making it unlawful to graze 
sheep or cattle on a forest reserve, when Congress expressly provides 
that such reserves can only be used for lawful purposes subject to regu- 
lations and makes a violation of such regulations an offense, any exist- 
ing implied license to graze is curtailed and qualified by Congress: and 
one violating the regulations when promulgated makes an unlawful use 
of the Government's property and becomes subject to the penalty 
imposed. 

A provision in an act of Congress as to the use made of moneys 
received from Government property clearly indicates an authority to the 
executive officer authorized by statute to make regulations regarding 
the property to impose a charge for its use. 

Where the penalty for violations of regulations to be made by an 
executive officer is prescribed by statute, the violation is not made a 
crime by such officer but by Congress, and Congress and not such 
officer fixes the penalty, nor is the offense against such officer, but 
against the United States. (Same.) 

[Light V. United States, 220 U. S., 523, syllabus.] 

Congress may authorize an executive officer to make rules and regu- 
lations as to the use, occupancy, and preservation of forests and such 
authority so granted is not unconstitutional as a delegation of legis- 
lative power. (Following United States v. Grimaud, 220 U. S., 506.) 

At common law the owner was responsible for damage done by his 
live stock on land of thu'd parties, but the United States has tacitly 
suffered its public domain to be used for cattle so long as such tacit 
consent was not canceled, but no vested rights have been conferred on 
any person, nor has the United States been deprived of the power of 
recalling such implied license. 

While the full scope of section 3, Article IV, of the Constitution has 
never been definitely settled it is primarily a grant of power to the 
United States of control over its property (Kansas v. Colorado, 206 
U. S., 89); this control is exercised by Congress to the same extent that 
an individual can control his property. 

It is for Congress and not for the courts to determine how the public 
lands shall be administered. 

Congress has power to set apart portions of the public domain and 
establish them as forest reserves and to prohibit the grazing of cattle 
thereon or permit it subject to rules and regulations. 

Fence laws may condone trespasses by straying cattle where the laws 
have not been complied with, but they do not authorize wanton or 
willful trespass, nor do they afford immunity to those willfully turning 
cattle loose under circumstances showing that they were intended to 
graze upon the lands of another. 

Where cattle are turned loose under circumstances showing that the 
owner expects and intends that they shall go upon a reserve to graze 
thereon, for which he has no permit and he declines to apply for one, 
and threatens to resist efforts to have the cattle removed and contends 
that he has a right to have his cattle go on the reservation, equity has 
jurisdiction, and such owner can be enjoined at the instance of the 
Government, whether the land has been fenced or not. 

Quaere, and not decided, whether the United States is required to 
fence property under laws of the State in which the property is located. 



74 NATIONAL FOEEST MANtJAL — LAWS. 

This court will, so far as it can, decide cases before it without refer- 
ence to questions arising under the Federal Constitution. (Siler v. 
Louisville & Nash. R. R., 213 U. S., 175.) 

[Shannon v. United States (C. C. A. Ninth Circuit), 160 Fed., 870.] 

'\\Tiere defendant drove large bands of cattle into a 320-acre pasture 
which was inclosed on three sides, but open on the side toward a public 
forest reserve, knowing that there was no water in the pasture, and that 
it was insufficient to sustain the cattle, and that they must of neces- 
sity drift onto the reserve for pasture and water, defendant could not 
claim freedom from responsibility for the cattle trespassing on the 
reserve because he at no time drove them there and because the reserve 
was not inclosed. 

The creation of a forest reserve severs the reserved land from the 
public domain and appropriates it to public use, so that it is no longer 
subject to the implied license to pasture on public lands. 

The rules promulgated by the Secretary of the Interior regulating 
the number of cattle and other live stock that may be pastured on a 
forest reserve, and the manner in which the owners may obtain permis- 
sion to use the reservation for that purpose, are reasonable and within the 
power granted by act of Congress of June 4, 1897, chapter 2 (30 Stat., 34 
U. S. Comp. St. 1901, p. 1542), giving the Secretary of the Interior power 
to make rules and regulations and establish such service as will insure 
the objects of such reservations, namely, to regulate their occupancy 
aud use and to preserve the forests from destruction. 

The Federal Constitution delegates to Congress the general power, 
absolutely and without limitation, to dispose of and make all needful 
rules and regulations concerning the public domain independent of the 
locality of the land, whether situated in a State or Territory, the exer- 
cise of which power can not be restricted in any degree by State legis- 
lation . 

Congress had no power to relinquish any of its jurisdiction over the 
public domain by a compact with the state of Montana on admission 
of the State into the Union, nor had the State any power to reserve any 
such control. 

Public lands in the State of Montana were not subject to the stock 
and fence laws of the State, which were applicable only to lands sub- 
ject to the State's dominion. 

Where the United States brought suit to restrain the trespass of defend- 
ant's cattle on a forest reserve, the fact that in such suit it acted in its 
proprietary capacity and was subject to the ordinary rules of pleading, 
practice, and laws applicable to the case did not operate as a waiver 
of any of its sovereign rights to the land sought to be protected. 

It was no defense to an injunction restraining defendant's use of a 
United States forest reserve as a pasture that its issuance would impose 
a grievous burden on him to restrain the cattle in his adjoining close, 
it also appearing that he could relieve himself of such burden by restor- 
ing a fence on one side thereof. 

Substantially to the same effect as the foregoing was the earlier de- 
cision in Dastervignes v. United States, by the Circuit Court of Appeals 
for the Ninth Circuit (122 Fed., 30). _ The two following paragraphs of 
the syllabus of that case are of additional interest: 

A bill filed by the United States to enjoin the pasturage of sheep in 
a forest reservation, in violation of the regulations prescribed by the 
Secretary of the Interior, alleged that the sheep pastured within the 
reservation were committing great and irreparable injury to the public 
lands therein and to the undergrowth, timber, and water supply. Affi- 
davits filed in support of such allegations recited that the sheep of 
defendants destroyed undergrowth, young and growing trees and seed- 
lings, and ate and destroyed the roots of the vegetation and grasses, 
leaving the ground bare and subject to disastrous washings by the rains, 
to the irreparable injury of the reservation. Held, that such allegation 
and showing constituted a sufficient ground for the granting of a prelimi- 
nary injunction. 

A bill by the United States against a number of defendants, to enjoin 
them from pasturing sheep in a forest reservation, is not subject to the 



NATIOISTAL FOREST MANUAL — LAWS. 75 

objection of misjoinder and multifariousness where it alleges that 
defendants are pasturing two bands of sheep in the reservation and 
contains no averments which show or indicate any separate or distinct 
rights or different interests as between the several defendants. 

An action of trespass is not maintainable as against one grazing unper- 
mitted stock on private land, the exclusive use of which has been 
waived by the owner, there being no authority in this department to 
administer other than National Forest land. (1 Sol. Op., 544.) 

Miscellaneous Trespasses and Other Offenses Against the 
United States. 

A homestead entryman does not have the right to remove sand and 
gravel from the land embraced in his unperfected entry for the purpose 
of sale. (Litch v. Scott, 40 L. D., 467.) 

Persons obstructing either ingress or egress to a National Forest over 
trails constructed by the department, even over lands lying outside the 
National Forests, may be proceeded against in trespass and by proceed- 
ings for the removal of their fences and other obstructions. (1 Sol. Op., 
482.) 

The willful and malicious cutting of Forest Service telephone lines 
is punishable under section 60 of the Criminal Code of March 4, 1909, 
and regulation 81 of the Use Book of 1908. (1 Sol. Op., 283.) 

Forest officers are authorized under the act of February 6, 1905, to 
make arrests for depredations on national monuments within National 
Forests. (2 Sol. Op., 670.) _ 

Persons injuring or defacing the Oregon Caves, which have been 
reserved as a national monument, may be prosecuted under the criminal 
provisions of the national monument act. (2 Sol. Op., 670.) 

An affidavit of settlement, made by an applicant to enter agricul- 
tural lands within a forest reserve, under the act of June 11, 1906, as 
required by the Commissioner of the General Land Office, was one 
taken in a case in which a law of the United States authorizes an oath 
to be administered, as provided by section 5392, Revised Statutes, and 
was therefore a proper subject for prosecution for perjury. (United 
States V. Nelson, 199 Fed., 464.) 

FISCAL MANAGEMENT AND APPROPRIATIONS. 

Agricultural appropriation act of May 20, 1910 (.30 Stat., 410.) 

[440] The Secretary of Agriculture for the fiscal year nineteen hun- Annual esti- 
dred and twelve, and annually thereafter, shall transmit to the Secre- ^'^^^^' ^'^<'- 
tary of the Treasury for submission to Congress in the Book of Estimates 
detailed estimates for all executive officers, clerks and employees below 
the grade of clerk, indicating the salary or compensation of each, neces- 
sary to be employed by the various bureaus, offices, and divisions of the 
Department of Agriculture. 

The agricultural appropriation act of March 4, 1911 (36 Stat., 1235. 1264) repeals the pro- 
vision of the appropriation act of March 4, 1907 (34 Stat., 1256, 1270), requiring the sub- 
mission to Congress of classified reports of the receipts and expenditures of the Forest 
Service. 

Agricultural appropriation act of May 23, 1908 (34 Stat., 251). 

[260] That hereafter twenty-five per centum of all money received 25 per c^t of 
from each forest reserve during any fiscal year, including the year end- anTTerritorie^!'^'' 
ing June thirtieth, nineteen hundred and eight, shall be paid 
at the end thereof by the Secretary of the Treasury to the State 
or Territory in which said reserve is situated, to be expended as the 
State or Territorial legislature may prescribe for the benefit of the 
public schools and public roads of the county or counties in which the 
forest reserve is situated : Provided, That when any forest reserve is in 
more than one State or Territory or county the distributive share to 
each from the proceeds of said reserve shall be proportional to its area 
therein. 



76 ■ NATIONAL FOREST MANUAL LAWS. 

Agricultural appropriation act of June 30, 1906 (34 Stat., 669). 

contributions* 'r ^'^^^i'' * * * aiid hereafter all moneys received as contributions 

constitute a spe° toward cooperative work in forest investigations shall be covered into 

cialfund. the Treasury and shall constitute a special fund, which is hereby 

appropriated and made available until expended, as the Secretary of 

Agriculture may direct, for the payment of the expenses of said investi- 

Refundstocon-gations by the Forest Service and for refunds to the contributors of 

CHDutors. amounts heretofore or hereafter paid in by them in excess of their 

share of the cost of said investigations. 

Agricultural appropriation act of May 23, 1908 (34 Stat., 251). 

Advances to [259]* * * and hereafter advances of money under any appropria- 
flghting^flre^. ""^ ^^^^^ ^'^^ ^^^ Forest Service may be made to the Forest Service and by 
authority of the Secretary of Agriculture to chiefs of field parties for 
fighting forest fires in emergency cases, who shall give bond under such 
rules and regulations and in such sum as the Secretary of Agriculture 
may direct, and detailed accounts arising vmder such advances shall 
be rendered through and by the Department of Agriculture to the Treas- 
ury Department. 

Agricultural appropriation act of March 4, 1911 (36 Stat., 1235). 

TraveUng ex- [1265] That hereafter officers and employees of the Department of 
penses. Agriculture transferred from one official station to another for perma- 

nent duty, when authorized by the Secretary of Agriculture, may be 
allowed actxial traveliifig expenses, including charges for the transfer 
Transportation of their effects and personal property used in official work, under such 
of effects. rules and regulations as may be prescribed by the Secretary of Agri- 

culture. 

AgricuJtiiral appropriation act of August 10, 1912 (37 Stat., 269). 

Traveling ex- That hereafter, when officials and employees of the Department of 
penses. Agriculture are traveling on official business in the United States, they 

may be allowed necessary railroad and steamboat fares, sleeping berth, 
and stateroom on steamboats, livery hire and stage fare, and other means 
of conveyance between points not accessil)le by railroad, but in lieu of 
subsistence and all other traveling expenses they may receive a per 
Per diem fixed diem allowance, to be fixed by the Secretary in each case, in addition 
by Secretary. to their regular salaries, subject to such rules and regulations as the 
Secretary of Agriculture may prescribe. 
Street-car fares. That hereafter officials and employees of the Department of Agricul- 
ture may, when authorized by the Secretary of Agriculture, receive 
reimbursement for moneys expended for street-car fares at their official 
headquarters when expended in the transaction of official l:)usiness. 

Agricultural appropriation act of March 4, 1907 (34 Stat., 1256). 

Forest revenues [1270] That all money received after July first, nineteen hundred 
Treasury. '" ° and seven, by or on account of the Forest Service for timl)er, or from 
any other source of forest reservation reveniie, shall be covered into the 
Ti'easury of the United States as a miscellaneous receipt and there is 
hereby appropriated and made available as the Secretary of Agricul- 
ture may direct out of any funds in the Treasury not otherwise appro- 
Refunds, priated, so much as may be necessarjr to make refiuids to depositors 
of money heretofore or hereafter deposited by them to seciu'e the pur- 
chase price on the sale of any products or for the use of any land or 
resources of the national forests in excess of amounts found actually due 
from them to the United States. 

Agricultural appropriation act of March 4, 1911 (36 Stat., 1235). 

Refund amend- [1253] That so much of an act entitled "An act making appropria- 
'"'■" ■ tions for the Department of Agriculture for the fiscal year ending June 

thhtieth, nineteen hundred and eight," approved March fourth, nine- 
teen hundred and seven (Thirty-fourth Statutes at Large, pages twelve 
hundred and fifty-six and twelve hundred and seventy), which pro- 
vides for refunds by the Secretary of Agriculture to depositors of moneys 



NATIONAL FOREST MANUAL LAWS. 77 

to secure the purchase price of timber or the use of lands or resources 
of the National Forests such sums as may be found to be in excess of 
the amounts found actually due the United States, be, and is hereby, 
amended hereafter to appropriate and to include so much as may be 
necessary to refund or pay over to the rightful claimants such sums as 
may he found liy the Secretary of Agriculture to have been erroneously 
collected for the use of any lands, or for timber or other resources sold 
from lands located within, but not a part of, the national forests, or for 
alleged illegal acts done upon such lands, which acts are subsequently 
found to have been proper and legal; and the Secretary of Agricultm-e 
shall make annual report to Congress of the amoimts refunded here- 
under. 

UNITED STATES REVISED STATUTES. 

Sec. 3469. Upon a report by a district attorney, or any special Compromise of 
attorney or agent having charge of any claim in favor of the United *''^''°s- 
States, showing in detail the condition of such claim, and the terms 
upon which the same may be compromised, and recommending that 
it be compromised upon the terms so offered, and upon the recom- 
mendation of the Solicitor of the Treasury, the Secretary of the Treas- 
ury is authorized to compromise such claim accordingly. But the 
provisions of this section shall not apply to any claim arising under the 
postal laws. 

Agricultural appropriation act of August 10, 1912 (37 Stat., 269). 

General expenses, Forest Service: To enable the Secretary of 
Agriculture to experiment and to make and continue investigations 
and report on forestry, National Forests, forest fires, and lumbering, 
but no part of this appropriation shall be used for any experiment or 
test made outside the jurisdiction of the United States; to advise the 
owners of woodlands as to the proper care of the same; to investigate 
and test American timber and timber trees and their uses, and methods 
for the preservative treatment of timber; to seek, through investiga- 
tions and the planting of native and foreign species, suitable trees for 
the treeless regions; to erect necessary buildings: Provided, That the 
cost of any building erected shall not exceed six hundred and fifty dol- 
lars: And provided further, That no part of the appropriation made by 
this act shall be used for the construction, repair, maintenance or use 
of buildings or improvements made for forest-ranger stations within the 
inclosed fields of bona fide homestead settlers who have established 
residence upon their homestead lands prior to the date of the estab- 
lishment of the forest reservation in which the homestead lands are 
situated, without the consent of the homesteader; to pay all expenses 
necessary to protect, administer, and improve the National Forests; to 
ascertain the natural conditions upon and utilize the National Forests; 
and the Secretary of Agriculture may, in his discretion, permit timber 
and other forest products cut or removed from the National Forests, 
except the Black Hills and Harney National Forests in South Dakota, 
to be exported from the State, Territory, or the District of Alaska in 
which said forests are respectively situated: Provided, That the exporta- 
tion of dead and insect-infeeted timber only from said Black Hills and 
Harney National Forests shall be allowed until such time as the Forester 
shall certify that the ravages of the destructive insects in said forests 
are practically checked, but in no case after July first, nineteen hun- 
dred and fourteen ; to transport and care for fish and game supplied to 
stock the National Forests or the waters therein; to employ agents, 
clerks, assistants, and other labor required in practical forestry and in 
the administration of National Forests, in the city of Washington and 
elsewhere; to collate, digest, report, and illustrate the results of experi- 
ments and investigations made by the Forest Service; to purchase law 
booksj to an amount not exceeding five hundred dollars, necessary 
supplies, apparatus, and office fixtures, and technical books and tech- 
nical journals for officers of the Forest Service stationed outside of 
Washington; to pay freight, express, telephone, and telegraph charges; 
for electric light and power, fuel, gas, ice, washing towels, and official 
traveling and other necessary expenses, including traveling expenses 



78 NATIONAL FOREST MANUAL — LAWS. 

for legal and fiscal officers while performing Forest Service work; and 
for rent outside of the District of Columbia, as follows: 

For salaries and field and station expenses, including the mainte- 
nance of nurseries, collecting seed, and planting, necessary for the use, 
maintenance, improvement, and protection of the National Forests 
named below: 

Absaroka National Forest, Montana, eight thousand two hundred 
and thirteen dollars; 

Here follows an enumeration of all the National Forests, with the amounts appro- 
priated for each; also certain provisions in the nature of permanent legislation, which 
wiU be found under the appropriate headings. 

For fighting forest fires and for other unforeseen emergencies, one 
hundred and fifty thousand dollars. 

For the purchase and maintenance of necessary field, office, and labo- 
ratory supplies, instruments and equipment, one hundred and fifty- 
five thousand dollars; 

For investigations of methods for wood distillation and for the pre- 
servative treatment of timber, for timber testing and the testing of 
such woods as may require test to ascertain if they be suitable for 
making paper, and for other investigations and experiments to promote 
economy in the use of forest products, one hundred and seventy thou- 
sand dollars, and the Secretary of Agriculture shall investigate the 
best methods of distillation of Douglas fir and other northwestern 
species of fir and timber, and ascertain the yield of distillates of various 
species, and the refining and commercial use of the distillates; 

For experiments and investigations of range conditions within 
national forests, and of methods for improving the range by reseeding, 
regulation of grazing, and other means, twenty thousand one hundred 
and eighty dollars; 

For the purchase of tree seed, cones, and nursery stock, for seeding 
and tree planting within National Forests, and for experiments and 
investigations necessary for such seeding and tree planting, one hun- 
dred and sixty-five thousand six hundred and forty dollars: Provided, 
That the Secretary of Agriculture may procure such seed, cones, and 
nursery stock by open purchase without advertisements for proposals, 
whenever in his discretion such method is most economical and in the 
public interest, and when the cost thereof will not exceed five hundred 
dollars; 

For silvicultural, dendrological, and other experiments and investi- 
gations independently or in cooperation with other branches of the 
Federal Government, with States and with individuals, to determine 
the best methods for the conservative management of forests and 
forest lands, eighty-three thousand seven hundred and twenty-eight 
dollars; 

For market and other miscellaneous forest investigations, and for 
collating, digesting, recording, illustrating, and distributing the 
results of the experiments and investigations herein provided for, 
thirty -one thousand three hundred and sixty dollars; 

For the construction and maintenance of roads, trails, bridges, fire 
lanes, telephone lines, cabins, fences, and other improvements neces- 
sary for the proper and economical administration, protection, and 
development of the National Forests, four hundred thousand dollars; 

Provided, That no part of the money herein appropriated shall be 
used to pay the transportation or traveling expenses of any forest 
officer or agent except he be traveling on business directly connected 
with the Forest Service and in furtherance of the works, aims, and 
objects specified and authorized in and by this appropriation: Pro- 
vided further. That no part of this appropriation shall be paid or used for 
the purpose of paying for, in whole or in part, the preparation or publica- 
tion of any newspaper or magazine article, but this shall not prevent the 
giving out to all persons without discrimination, including newspaper 
and magazine writers and publishers, of any facts or official informa- 
tion of value to the public. 

That an additional ten per centum of all moneys received from the 
National Forests during the fiscal year ending June thirtieth, nineteen 
hundred and twelve, shall be available at the end thereof to be expended 



NATIONAL FOEEST MANUAL LAWS. 79 

by the Secretary of Agriculture for the construction and maintenance of 
roads and trails within the National Forests in the States from which such 
proceeds are derived; but the Secretary of Agriculture may, whenever 
practicable, in the construction and maintenance of such roads, secure 
the cooperation or aid of the proper State or Territorial authorities in 
the furtherance of any system of highways of which such roads may be 
made a part. 

In all, for general expenses, tliree million one hundred and seven 
thousand two hundred and eighty-five dollars. 

Not to exceed fifteen per centum of the total of all sums appropriated 
under ' ' General expenses. Forest Service, ' ' may be used in the discre- 
tion of the Secretary of Agriculture as provided above under general 
expenses for Forest Service for all expenses necessary for the general 
administration of the Forest Service. 

Total for Forest Service, five million tliree hundred and forty-three 
thousand and forty-five dollars. 

DECISIONS RELATING TO FISCAL MANAGEMENT, APPROPRIATIONS, 

and refunds. 
In General. 

Where judgments are recovered in actions for trespass on National 
Forests, such amounts thereof as represent punitive damages, costs of 
suit, or amounts to cover replanting are not such revenues of the Na- 
tional Forests as are subject to the 25 per cent deduction for distribu- 
tion to the states and territories in which the National Forest con- 
cerned is located. (17 Comp. Dec, 688.) 

A force employed in the District of Columbia to supervise and con- 
trol the field work of employees engaged in making examinations, 
surveys, etc., imder the Weeks' forestry law of March 1, 1911, can not 
be paid from the appropriation made by that act. (17 Comp. Dec, 780.) 

Publications of advertisements affecting National Forests made by 
supervisors or rangers pursuant to written instructions from the Forester, 
issued under authority of the Secretary of Agriculture, specifying the 
newspapers to be used are publications authorized by Revised Statutes, 
section 3828. (13 Comp. Dec, 446.) 

The withholding of moneys due a corporation by the United States 
is not authorized as a set-off against the liability of such corporation 
to the United States for indefinite profits arising out of a timber trespass 
committed by another person. (15 Comp. Dec, 113.) 

Costs adjudged against forest officers in the prosecution by them, 
before a justice of the peace, of one arrested for setting a fire which 
spreads to National Forest lands, are not chargeable against the United 
States and cannot be paid from Forest Service appropriations. (Comp. 
Dec. of May 6, 1912; 2 Sol. Op., 693.) 

Expenses of Government ofiicers in going, returning, and in attend- 
ance on court, when sent away from the usual place of their duties, as 
witnesses, for the Government, as the result of knowledge obtained in 
the discharge of their official duties, are payable from the appropriate 
appropriation of the department from which they are sent, and not from 
the judicial appropriations for fees of witnesses. (12 Comp. Dec, 391; 
see also 14 Comp. Dec 80 and 516; 15 Id., 154, 298 and 757.) 

Where authority is exercised by a special class of officers in the arrest 
of persons for violations of the laws of the United States, all expenses 
incident to such arrests are defrayed by the Government and paid out 
of appropriations made for certain purposes, and not until prisoners 
come into the custody of the United States marshal by virtue of a duly 
recognized authority can it be said that a judiciary appropriation may 
be available for the payment of such expenses. 

(8 Comp. Dec, 127; 11 Id., 753; 15 Id., 602; 16 Id., 371; 17 Id., 566.) 

When an offender is arrested by a forest officer for violation of the for- 
estry laws or regulations and taken before a United States Commissioner, 
the liability of the judiciary appropriations would commence with the 
complaint and warrant; but in no case would such appropriations be 
liable for any fees or expenses of the forest officer where it is his duty 
to aid in the detection, prosecution, and punishment for violations of 
euch laws and regulations. (14 Comp. Dec, 113.) 



80 NATIONAL FOREST MANUAL LAWS. 

The appropriation for general expenses of the Forest Service can not 
be used to pay for the support of a prisoner confined in a State jail for 
violation of the rules and regulations relating to the forest reserves 
under a commitment issued by United States Commissioner. Such 
payments are chargeable to the judiciary appropriation. (14 Comp. 
Dec, 113.) 

The appropriation for the general expenses of the Forest Service 
can not be used to pay an impounding fee under a village ordinance 
for horses of the Government taken up and impounded by the village 
authorities. (1 Sol. Op., 642.) 

A forest officer keeping a privately owned automobile for official busi- 
ness cannot receive compensation for carrying another forest officer in 
the oar, both being on an official trip. (2 Sol. Op., 782.) 

GENERAL EXPENSES. 

The expense of transporting horses of employees of the Forest Service, 
needed in the performance of their official duties, is payable from the 
appropriation for general expenses. (1 Sol. Op., 350.) 

The expenses of identification and eradication of poisonous plants 
within the National Forests may be paid from general expenses under 
the appropriation for 1910. (1 Sol. Op., 199.) 

The fire-fighting fund provided under general expenses in the act of 
March 4, 1911, is available for paying the cost of repairs to a vehicle 
unavoidably damaged while under hire to the Forest Service for con- 
veying men to a forest fire, with the express agreement to be respon- 
sible for damages. (2 Sol. Op., 740.) 

Salaries of stream gangers working under cooperative agreement with 
the Geological Survey are payable from the appropriation for general 
expenses of the Forest Service. (2 Sol. Op., 719.) 

Telephone lines consisting of insulated wire laid upon the ground 
and temporarily used in one part of the forest and then removed and 
used in the same way in another part should be charged, under general 
expenses, for the "purchase and maintenance of all necessary field 
* * * supplies," etc. (1 Sol. Op., 651.) 

Labor employed in constructing such lines should be paid for from 
the appropriation for general expenses, as a field expense of the par- 
ticular forest. (1 Sol. Op., 651.) 

Expenses of a forest officer in attending, in his official capacity, the 
examination or trial of a person charged with violation of the laws 
relating to timber trespass on National Forests are payable from the 
general expenses for the Forest Service. (1 Sol. Op., 383.) 

The appropriation for the construction and maintenance of roads, 
trails, bridges, etc., in the appropriation act of August 10, 1912, is not 
exclusive, but is interchangeable with the item for general expenses 
"to pay all expenses necessary to protect, administer, and improve the 
National Forests." (Solicitor to his Assistant at San Francisco, Sept. 
7, 1912.) 

IMPROVEMENTS. 

Enlargement and improvement of ranger stations. See under "Operation," page 17 

ante. 

The installation for the first time of bathroom fixtures in the P'ort 
Valley experiment station, in the same manner as similar fixtures are 
usually installed in the ordinary city house, are not repairs in the 
meaning of the appropriation act. (2 Sol. Op., 768.) 

Fruit trees, grapevines, and rose bushes purchased for planting on 
ranger stations can not be paid for out of any appropriation for the 
Forest Service made in the appropriation act of 1911. (1 Sol. Op., 556.) 

FIRE-FIGHTING FUND. 

Fees of an employment agency for services in securing fire fighters 
may be paid from the appropriation for fighting forest fires and other 
unforeseen emergencies. (1 Sol. Op., 349.) 



NATIONAL FOREST MANUAL LAWS. 81 

REFORESTATION. 

The appropriation for the year 1911 of $166,640 "For silvicultural 
and other experiments," etc., is available, in the discretion of the 
Secretary, for allotment to the various forests, not for experiments and 
investigations merely but to carry on the work of reforestation. The 
amounts allotted may be used cumulatively with the amounts author- 
ized in the appropriations for the various forests by name. (2 Sol. 
Op., 705.) 

SUPPLIES. 

Supplies ordered under annual contracts for one fiscal year, but not 
delivered in that j^ear, may be paid for at prices fixed by the contracts 
out of the appropriations for the succeeding year. (1 Sol. Op., 311.) 

If the need for ordering wire existed in the fiscal year 1910, and the 
contract in question was properly made under the appropriation for 
that year, the purchase price may be paid from that appropriation, 
even though the wire was not delivered until the next annual appro- 
priation has become effective, and it can not be put to physical use 
until some time in the next fiscal year. (Same.) 

Refunds. 

The refund provision in the agricultm-al appropriation act of March 
4, 1907, contemplates cases of sales of National Forest products and 
does not apply to erroneous or excess collections for trespass on Na- 
tional Forest lands or to erroneous collections for products of lands not 
a part of the National Forests. (17 Comp. Dec, 204.) 

No refund can be made, under the act of March 4, 1907, of money 
paid for timber cut in the construction of an irrigation ditch under 
permit from the Forest Service, pending approval of maps filed with 
the Secretary of the Interior, even though the lands affected have been 
eliminated from the National Forest. (2 Sol. Op., 676.) 

Where a timber sale contract expired by limitation before all the 
timber paid for was cut, the right to damages, either actual or liqui- 
dated, became vested in the United States, and could not be waived 
or released by any officer of the Government. If, in such case, the 
contract provided for liquidated damages, or if the United States sus- 
tained actual damages by reason of the breach, and the amount de- 
posited did not exceed the sum of the purchase price of the timber cut 
and removed plus the amount of such damages, then no refund could 
be made. (Case of Orleans Longacre, Comp. Dec, Dec. 27, 1911.) 

The provision in a timber-sale contract that "all moneys paid or 
promised under this agreement" shall become the property of the 
United States "as liquidated damages and not as a penalty," on the 
failure of the purchaser to fulfill "all and singular" the numerous re- 
quirements of the contract, some of which are comparatively trivial 
and if broken can result in little damage, is, in legal substance and 
effect, a provision for a penalty, and a refund can be made where money 
has been deposited in excess of the actual damages suffered. (2 Sol. 
Op., 831.) 

The provision in timber-sale Form 202 that refunds will be made 
"only at the discretion of the Forester, except when the amount of 
such deposits is more than the value of the timber on the cutting area 
covered by this agreement," does not empower the Forester to make 
refunds without limitation and without reference to the damages 
which may accrue to the Government by a breach of the contract. 
(2 Sol. Op., 831.) _ 

Where an applicant for a timber-sale contract deposits money to 
cover the cost of advertising the sale, and dies before submitting a bid, 
the deposit may be regarded as made "to secure the purchase price 
on the sale " of forest products, and may be refunded to his legal repre- 
sentatives after deducting any expense incm-red by the United States 
in consequence of the application. (Case of C. W. Dutrow, Comp. 
Dec, Dec. 27, 1911.) 

66777°— 13 6 



82 NATIONAL FOREST MANUAL LAWS. 

Where timber unlawfully cut is seized and subsequently released 
to the trespasser on payment of its value and his agreement to clean 
up the cut-over area,_ the transaction amounts to a sale on condition 
subsequent, and on his failure to perform the condition the money, less 
damages caused by the breach, may be refunded under the act of March 
4, 1907, and the trespassers be held liable for the trespass. (1 Sol. 
Op., 355.) 

The amended refund provision contained in the act of March 4, 1911, 
being clearly remedial in character, is retrospective in its operation. 
(2 Sol. Op., 685; Comp. Dec, Dec. 27, 1911.) 

Moneys erroneously collected on account of a special-use permit to 
occupy lands listed under the act of June 11, 1906, could not be re- 
funded under the act of March 4, 1907 (34 Stat., 1256), but may be 
under the retroactive amendment contained in the appropriation act 
of March 4, 1911. (2 Sol. Op., 685; Comp. Dec, Dec. 27, 1911.) 

Where by mistake the amount agreed upon in settlement of a tres- 
pass by boxing for turpentine is twice paid, the excess payment may 
be refunded under the amending provision contained in the appro- 
priation act of March 4, 1911, as "money erroneously collected for the 
use of any lands." (Case of C. J. Conger, Comp. Dec, Dec. 27, 1911.) 

Moneys collected for a trespass in cutting timber from an unper- 
fected homestead claim can not be refunded under the amending act 
merely because final proof has since been made and final certificate 
issued. If the cutting was in fact illegal when clone, the subsequent 
proof and issuance of certificate does not satisfy the statutory require- 
ment that the act be "subsequently found to ha-^ been legal and 
proper." (Case of Haney, Comp. Dec, Dec. 27, 1911.) 

Where it is found that money has been collected in excess of the sum 
properly assessable for cutting timber on National Forest land, the 
excess may be refunded as "erroneously collected for the use of any 
lands." (Case of Lopez, Comp. Dec, Dec. 27, 1911.) 

Money collected under a timber-sale contract for timber supposed 
to have been cut from National Forest land, but afterwards found to 
have been cut from private land, may be refunded to the owner of the 
land under the amending act. (2 Sol. Op., 743.) 

No refimd can be made to a special-use pasture permittee for depriva- 
tion of use by a mere trespasser who removes his fence and grazes part 
of the land. (1 Sol. Op., 662.) 

Unliquidated damages due on account of a trespass can not be set off 
against moneys in the hands of the Government which should be re- 
funded under the act of March 4, 1907. (2 Sol. Op., 355.) 



INDEX. 

Page. 

Abandoned timber-sale contracts, disposal of timber, and refund 61 

Absaroka National Forest, appropriation, 1912 78 

Absence leaves, employees (35 Stat. L., 251) 15 

homestead entryman 24, 27 

Accidents, employees' injuries, report (35 Stat. L., 556) 15 

Acreage, homestead limitation 23, 26 

Administration, forest provisions of simdry civil act, 1907 (30 Stat. L., 11) 6-8 

Administrative sites, relation to mining laws, decisions 58-59 

Advertisement, timber sale, requirements (30 Stat. L., 11) 7 

Advertisements, authorization, decision _. 79 

Affidavit of settlement, forest-reserve lands, perjury decision 75 

Affidavits, death or injury of employee by accident (35 Stat. L., 556) 16 

Agents, special, procedure in land-claim cases, instructions for (39 L. D., 458). . 18-19 
Agricultural appropriation act, 1906, extracts (34 Stat. L., 669) 60, 76 

1907, extracts (34 Stat. L., 1256) 5, 17, 60, 76 

1908, extracts (35 Stat. L., 251) 15, 75, 76 

1910, extract (36 Stat. L., 416) 75 

1911, extracts (36 Stat. L., 1235) 16, 54, 76-77 

1912, extracts (37 Stat. L., 269) 12, 

17, 32, 60, 61, 76, 77-79 

entry of coal lands, statutes, list 43 

lands, elimination from forest reserve 6 

forest reserve, restoration to homestead use (36 Stat. L, 961) . . 11 

in forest reserves, entry, act, 1906 (34 Stat. L., 233). 30-32 

Agriculture Department, control of forest reserves, transfer from Interior De- 
partment (33 Stat. L., 628) -.-•-.--. .- -. 5 

Secretary, and Secretary of the Interior, joint circular on claims to 

lands in National Forests (39 L. D., 374) 20-21 

appraisal and sale of timber (31 Stat. L., 661) 59 

control of irrigation rights of way 56 

mineral waters on National Forests, decision . 41 

National Forests 5, 6, 11, 30, 58, 60, 61, 63, 64, 67 

_ timber sales, cutting, use, etc. (31 Stat. I.., 661) 59-60 

cooperation with county commissioners 17 

estimates to Secretary of Treasury (36 Stat. L., 416) 75 

jurisdiction, etc., over ruins and other American an- 
tiquities 13 

limitations of authority 8, 17 

member of Forest Reservation Commission 10 

purchase of lands for forest reserve (36 Stat. L., 961) 10 

sale of fire-killed and insect-infested timber, decisions. . 62 

Alaska coal lands, consolidation of claims, beneficiaries, decision 43 

coal-land laws, list of statutes 43 

status after amendment of 1904, decision 43 

homestead laws extended 27 

mineral springs, status, decision 42 

mining laws, list of statutes 37 

power permits, decision 57 

pulp wood and wood pulp, exportation (33 Stat. L., 628) 60 

rights of way, reference 55 

Ancient monument or structure, removal prohibited 13 

Antiquities, American, preservation, act, 1906, extracts (34 Stat. L., 225) 12, 67 

rules and regulations 13-1 4 

collections, preservation provided for 14 

discoveiy , report by officer in charge of public land 13 

seizure authorized 14 

83 



84 INDEX. 

Page. 
Application for purchase of timber and stone lands, personal examination 

required, decision 46 

Appropriation acts, agricultiu-al, extracts ... 5, 12, 15, 16, 17, 32, 51, 52, 54, 60, 61, 75-79 

sundry civil, act, 1912, extracts (37 Stat. L., 455) 5, 6, 25 

Appropriations, Forest Service, general expenses, 1912, act (37 Stat. L., 269). . 77-79 

Arrest, authority on sites of antiquities, ruins, etc 14 

Arrests, duty of forest officers 18 

expenses of officers, payment, decisions 79, 80 

Arizona, desert-land laws 46-49 

school lands, status, decision 50 

Assignments of land entries, restrictions (35 Stat. L., 52) 48 

Automobile privately owned by forest officer, payment for use, decision 80 

Bathroom fixtures, installation at ranger stations, expense liability, decision. . 80 

Bird refuges, hunting, trapping, etc. , penalties 67 

Black Hills National Forest, dead and insect-infested timber, exportation 

limit (34 Stat. L., 1256; 37 Stat. L., 269)... . 60, 77 

entries, limitations 31 

homestead entries, references 9, 27 

timber-use restrictions 60, 77 

Blue ijrints, forest reserve, sale (34 Stat. L., 1256) 17 

Bond, security, railroad rights of way, decision 56 

Brushy disposal, after felling timber on mineral lands 64 

Buildmg stone. See Stone. 

Buildings, forest reserves, construction, appropriation, 1912 (37 Stat. L., 269).. 77,78 

cost limitation (36 Stat. L., 1235) 16, 17 

exclusion from settlers' homesteads (37 Stat. L., 269) . 17 

legal provisions affecting 16-17 

Bull Run National Forest, trespass, penalties 9, 67 

Cabins, ranger, enlargement, cost limit, and sale, discussions 17 

Calaveras National Forest, note 9 

California, counties excepted in listing agricultural forest lands 30, 32 

desert-land laws 46-49 

forest reserves changes, control (act Aug. 24, 1912) 5 

increase forbidden (36 Stat. L., 847) 9 

rights of way through National parks, for public uses, permissive 

(31 Stat. L., 790) 53-54 

timber sales, forest reserves (34 Stat. L., 669) 60 

Canal, damage to settler on public domain (R. S. , 2339) 52 

Canals, construction through public lands, requirements (26 Stat. L., 1095) 53 

irrigation, transportation and other uses (30 Stat. L., 404) 53 

right of way through western lands, reservation by Federal Government 

(26 Stat. L.,371) 52 

Canceled entries, National Forests, validating (36 Stat. L., 1084) 25 

timber and stone lands, decision 46 

Canyon passes, joint use by railroads (18 Stat. L., 482) 51 

Caves, Oregon, injuring or defacing, penalty 75 

Central Pacific Railway, title to odd sections without issuance of patent, deci- 
sion 50 

Certificate, homestead entry, regulations 22, 24 

physician's, requirement in compensation for injiu-y (35 Stat. L., 

556) 16 

Children, employees', compensation for loss (35 Stat. L., 556) 15 

infant, homestead claims (R. S., 2292) 22 

Churches, maintenance on forest reserve, permission (30 Stat. L., 11) 7 

Claimants, rights (36 Stat. L., 847) 8 

Claims, land. National Forests joint circular order (39 L. D., 374) 20-21 

procedure (39 L. D., 374, 436, 446, 458) 18-21 

mining, description, conformity to patented claims, etc. (R. S., 2327). 35 

limitation of area (R. S., 2320, 2322) 33-34 

See also Mining. 

placer, procedure for obtaining patent (R. S., 2329) 35-36 

postal, exemption from compromise provision (R. S., 3469) 77 

United States, compromise (R. S., 3469) 77 

Clay deposits, entry under mining laws, decisions 40 



INDEX. 85 

Page. 

Coal deposits, development not trespass, decision 43 

disposal in development of other mines, decisions 43 

lands, entry as agricultural lands, statutes, list 43 

mineral lands, decision 43 

persons disqualified, decision 43 

preemption, etc., requirements (R. S., 2347, 2348, 2349, 2350, 

2351) 42-43 

prospecting tunnels not improvements, decision 43 

National Forests, use by nonowners prohibited, decision 43 

Colorado, forest reserves changes, control (34 Stat. L. , 1256) 5 

increase forbidden (36 Stat. L., 847) 9 

general land laws 46-49 

Commerce and Labor, Secretary, administration of employees' compensation 

act (35 Stat. L., 556) 15, 16 

Commutation, homestead claims 23, 24, 27, 29, 31 

Concealed weapons, permission to carry 18 

Condemnation of private lands for highways, railroads, etc. (18 Stat. L., 482).. 51-52 

Congress, act necessary to change forest reserves (34 Stat. L. , 1256) 5 

enactments affecting particular National Forests 9 

Congressmen, members of Forest Reservation Commission 10 

Contests, claim, preference rights 27 

homestead claims, decisions 30 

Contracts, timber-sale, abandoned, disposal of timber, and refund 61 

decisions applicable 61-62 

modification by Government officials 61 

Contributions, cooperative, to constitute a special fund (34 Stat. L., 669) 76 

Cooperation, enforcement of fire protection, fish and game laws (35 Stat. L., 251) 15 

Secretary of Agriculture with State authorities 17 

State, for protection of watersheds of navigable streams, enabling 

act, 1911 (36 Stat. L., 961) 10-12 

with State road systems (37 Stat. L., 269) 17 

Cooperative contributions to constitute a special fund (34 Stat. L., 669) 76 

Corporations, acquisition of coal lands by individual stockholders, decision 44 

Costs, prosecution of forest officers by outsiders, decision 79 

Creditors' claim, exemption of employees' compensation for injuries (35 Stat. 

L., 556) 16 

Crystalline deposits, entry under mineral law, decision 38-39 

Cultivation, homestead entries, requirements, decisions 29-30 

homesteads, requirements (37 Stat. L., 123) 24-25 

Death, accidental, of employee, affidavit (35 Stat. L., 556) 16 

Decisions, coal-land 43-44 

desert-land 49-51 

fiscal management, appropriations and refunds 79-82 

homestead 27-30 

mineral springs 41-42 

mining 37--11 

operation 17-18 

rights of way 55-58 

school land 49-50 

timber and stone land 45-66 

cutting, rights on public lands 69-71 

sale contracts 61-62 

trespass cases 69-75 

Declaratory statements, abandoned, disqualifies for new entry of coal lands, 

decision 43 

Deficiency appropriation act, 1899, authority of Secretary of Interior [Agricul- 
ture] to approve right of way for highways, extract 51 

Defiles, joint use by railroads, highways, etc. (18 Stat. L., 482) 51 

Dennett, Fred, Commissioner, General Land Office, instructions on claims (39 

L. D . , 458) 18-19 

Depredations, forest, regulations for prevention (30 Stat. L. , 11) 6 

Desert land, definition (19 Stat. L., 377) 47 

entries restricted to siu-veyed lands (35 Stat. L. , 52) 48 

under former acts, preservation of rights (26 Stat. L., 1095) . 47-48 

homestead entries 26 



86 INDEX. 

Page. 

Desert land law, States in which effective (19 Stat. L., 377) 47 

laws (19 Stat. L., 377) 46-A7 

purchase, requirements (19 Stat. L., 377) 46-47 

lands, definition, decisions 49 

limitation of area for entry (26 Stat. L. , 1095) 48 

second entries, list of statutes 49 

Discovery, mining claim, requirements for entry, decisions 38-48 

Distillation, wood, investigations, appropriations, 1912 78 

District attorney, duty to prosecute fencing-act violations (23 Stat. L., 321) 66 

Ditch, right of way, status, decision 57 

in National Forest 6 

Ditches, irrigation, damage to other settler on public domain (R. S., sec. 2339). 52 

Electric power plants, rights of way (29 Stat. L. , 120) 53 

rights of way, decisions 57 

transmission lines. National reservations, easements of rights of way, 

(36 Stat. L., 1235) 54 

Embezzlement, United States property, penalty 68 

Emergency sales, provisions for (30 Stat. L. , 11) 7 

Employee, Agriculture Department, compensation refused 18 

compensation for injury, determination of amount (35 Stat. L., 556) . 16 

Employees' compensation act, 1908 (35 Stat. L., 556) 15-16 

for injuries, beneficiaries (35 Stat. L., 556) 16 

provisions of laws 15-16 

leaves of absence (35 Stat. L. , 251) 15 

Entries by individuals for benefit of corporation, case 45-46 

Entrymen, desert land, citizenship requirements (26 Stat. L., 1095) 48 

homestead, qualifications, decisions 28 

Indian allotments, qualifications (36 Stat. L., 855) 58 

preference rights to desert lands, conditions (35 Stat. L., 52) 48 

Estimates, annual, submission to Secretary of Treasury (36 Stat. L., 416) 75 

Excavations, antiquities, restoration of lands to customary condition 13 

Executive order reserving lands for forests, effect on pm-chase, decision 45 

Exemption from liability for employers' compensation, provision against (35 

Stat. L., 556) 16 

See also under subject of Exemption. 

Exploration, antiquities, reports to Smithsonian Institution, rule 13 

ruins, etc., permits 13 

unauthorized, arrests by agents of Secretaries 14 

Farmers, sale of dead and down timber at cost authorized (37 Stat. L., 269). . . 60 

Fees, homestead entries 23 

Fences, sale 17 

Fencing act, 1885 (23 Stat. L., 321) ■ 65-67 

violation, penalties (23 Stat. L., 321) 66 

unlawful, public lands, laws governing (23 Stat. L., 321) 65-67 

Field expenses, appropriations, 1912 77-79 

parties fighting fires, payments (34 Stat. L. , 251) 76 

Final proof, notices, homestead entries, reference 27 

Fire fighting, appropriations and decisions (35 Stat. L., 251; 37 Stat. L., 269) . 76, 78, 80 
protection, appropriations and decisions (35 Stat. L., 251; 37 Stat. L., 

269) 76, 78, 80 

cooperation of States (36 Stat. L., 961) 10 

with other departments (35 Stat, L., 251) 15 

grazing regulations (30 Stat. L., 35) 62-63 

prosecutions under State law 18 

provisions for forest reserves by Interior Secretary (30 Stat. L., 

11) 6 

trespass regulations (30 Stat. L., 11) 64, 65 

trespass, criminal code, 1909, extract (36 Stat. L., 1088, 1098, 1099) 65 

decisions 71-72 

public domain, penalties, disposition of fines, etc. (36 Stat. L., 

1088, 1098, 1099) 65 

Fiscal management, provisions 75-82 

Fish laws. State, application on forest reserve 7 

protection, cooperation for (35 Stat. L. , 251) 15 



INDEX. 87 

Page. 

Fishing, irrigation reservoirs, no public right 57 

permission by custom (30 Stat. L., 11) 7 

Forest lands, management investigations, appropriation, 1912 (37 Stat. L., 

269) 77, 78 

officers, copies of land-case papers to be furnished to 19 

duties in arrests and prosecutions 18 

products. National Forests, exportations (34 Stat. L., 1256) 60 

rangers. See Rangers, 
reservations. See Forest reserves. 

reserve, affidavit of settlement, perjury decision 75 

reserves, creation only by act of Congress (34 Stat. L., 1256) 5 

homestead entries, act, 1906 (34 Stat. L., 233) 30-32 

name, National Forests (34 Stat. L., 1256) 5 

protection, procedure (33 Stat. L., 700) 68-69 

rights of way for municipal and mining purposes (33 Stat. L. 

628) 54 

silviculture, laws governing (31 Stat. L., 661) 59-62 

transfer from Interior Department to Agriculture Depart- 
ment (33 Stat. L., 628) 5 

Service, authority denied to sell fire-killed timber 62 

to collect kidding or lambing charges on National 

Forests 63 

make surveys of agricultural lands in forests 32 

general expenses (37 Stat. L., 269) 77-79 

telephone lines, cutting, decision, penalties, etc 75 

" transfer act, 1905, extracts (33 Stat. L., 628) 5, 14, 60 

rights of way for municipal and mining purposes, extract. . 54 

Forester, action in claims to land in National Forests (39 L. D., 374) 20 

Forests, National, agricultural lands, homestead entry (34 Stat. L., 233) 30-33 

control by President (30 Stat. L., 11) 5 

creation (26 Sta,t. L., 1095). _. 5 

department trails, obstruction, decision, penalties, etc 75 

establishment and control 5-18 

fire protection, grazing regulations (30 Stat. L., 35) 62-63 

grazing decisions 63 

regulations (30 Stat. L., 35) 62-63 

kidding or lambing charges, authority to collect 63 

land claims, joint circular order (39 L. D., 374) 20-21 

monuments, depredations, decisions, penalties, etc 75 

timber and forest products, exportations (34 Stat. L., 1256) 60 

See also National Forests. 
Fort Valley experiment station, bathroom fixtiires installation, expense lia- 
bility, decision 80 

Funds, Forest Service. See Fiscal management. 

Game laws. State, application on forest reserve 7 

protection, cooperation for (35 Stat. L., 251) 15 

refuges, authorizations 14 

General Grant National Park, rights of way for public uses (31 Stat L., 790) 53-54 

Land Ofiice, Commissioner, authority and duties in regard to coal and 

desert lands (R. S. 2351; 19 Stat. L., 377) 47 

Geological Survey, authority to examine lands for Secretary of Agriculture 

(36 Stat. L., 961) 10 

Glanders, mallein test, payment of cost unauthorized 18 

Grand Canon game refuge, authorization (34 Stat. L., 607) 14 

Gravel deposits, not subject to entry under mining laws, decision 40 

removal from public lands, decision 75 

Grazing, National Forests, decision applicable 63 

regulations (30 Stat. L., 35) 62-63 

trespasses, decisions, penalties, etc ; 72-75 

Harney National Forest, timber use, restriction 77 

Hay, selling from mining claim 37 

Heirs, homestead claims 22, 24, 28 

Highways over public lands, right of way (R. S., 2477) 51 

reconstruction for accommodation of railroads, burden of expense 

(18 Stat. L., 482) 51 



88 INDEX. 

Page. 

Highways, right of way, power of Secretary of Interior (30 Stat. L. , 1214) 51 

See also Roads. 

Hog raising in lien of cultivation on homestead entry, decision 30 

Homestead claim not impaired by placer claim (R. S . , 2331) 36 

claims, protection from forest-reserve constructions (37 Stat. L., 269) 17 

timber cutting rights, decisions 70 

entries, abandoned, revert to United States 23 

in forest-reserves act, 1906 (34 Stat. L., 233) 30-32 

National Forests, validating, act, 1911 (36 Stat. L., 1084) ... 25 

second, and desert-land (36 Stat. L., 896) 26 

lands, transfer (R. S., 2288) 21 

laws, decisions 27-30 

pro\isions affecting Forest Service work, etc 21-30 

rights on mineral lands, small areas in subdivision (R. S., 2331) 36 

persons entitled to (R. S., 2289) 21, 22 

settlers, sale of dead and down timber at cost authorized (37 Stat. 

L., 269) 60 

three-year, law (37 Stat. L., 123) 24-26 

Homesteads, enlarged, in certain States 27 

not subject to prior debts 23 

Horses, Government, impounding fee, decision 80 

rangers', mallein test, payment of cost 18 

transportation, appropriation liable for, descision 80 

Hunting, permission by custom (30 Stat. L., 11) 7 

Hydroelectric power rights of way, decisions 57 

Idaho, desert-land laws 46-49 

forest reserves, changes, control (34 Stat. L., 1256) 5 

increase forbidden (36 Stat. L. , 847) 9 

school lands, timber cutting, decision 49 

Impounding Government horses, fee, decision 80 

"Incorporated company " defined, decision 44 

Indian allotments in National Forests, act 1910 (36 Stat. L., 855) 58 

lands, free homesteads opened to settlement 26 

reservations, references to 27, 58 

Indians entitled to allotments in National Forests (36 Stat. L., 855) 58 

Infant children, homestead claims (R. S., 2292) 22 

Injuries, employees', compensation, acts 15-16 

for, time limit (35 Stat. L., 556) 15 

reports (35 Stat. L., 556) '. 15 

Insane settlers, homestead claim 27 

Interior [Agriculture], Secretary, authority to make regulations governing tim- 
ber cutting (26 Stat. L., 1093) . 65 
regulate timber cutting in min- 
eral districts (20 Stat. L., 88) . . 64-65 
rent or lease mineral springs (30 

Stat. L., 908) 41 

authorization under timber-culture law (26 

Stat. L., 1093) 26 

permit of free use of timber and stone (30 

Stat. L., 11). 7 

power to provide protection of forests from 

depredations (30 Stat. L., 11) 6 

regulations for protection of forest reserves 

from fire (30 Stat. L., 11) 6 

Department, control of forest reserves, transfer to Agriculture Depart- 
ment (33 Stat. L., 628) 5 

power to determine mineral character of railroad-grant 

lands, decision 50 

powers and duties in regard to mining locations, deci- 
sions 38 

Secretary, and Secretary of Agriculture, joint circular on claims to 

lands in National Forests (39 L. D., 374) 20-21 

approval of irrigation plans (26 Stat. L., 1095) 53 

rights of way, decision 56 

railway right of way (18 Stat. L., 482) 52 

surveys of right of way of roads (30 Stat. L., 

1214) 51 



INDEX. 89 

Page. 
Interior, Secretary, authority in regard to Indian allotments (36 Stat. L., 855). . 58 

rights of way for electric power 57 

to extend time of final proof 49 

grant railroad rights of way, decision 57 

rights of way through National reserva- 
tions (31 Stat. L. 790). . 53-54 
to power plants (29 Stat. 

L., 120) 53 

withhold right of way in National park 57 

jurisdiction, etc., over ruins and other American antiqui- 
ties 13 

member of Forest Reservation Commission 10 

opening agricultural forest lands to entry 31 

power over rights of way within reservations, decisions 55-56 

report of withdrawals of land to Congress (36 Stat. L., 847) . . 9 

Investigations, forest, appropriation act, 1912 (37 Stat. L.j 269) 77-78 

Irrigation companies, rights of way over public lands, decision 55-56 

ditches, canals, etc., construction through public lands, time limit 

(26 Stat. L., 1095) 53 

lirnitations of use (26 Stat. L. , 1095) 53 

construction by individuals and corporations, requirements 

(26 Stat. L., 1095) 53 

cooperation of entrymen (26 Stat. L. , 1095) 47 

right of way through National reservations, permissive (31 

Stat. L., 790) 53-54 

western lands, reserv^ation by Federal 

Government (26 Stat. L. , 271) 52 

plans, filing before entry of desert land, requirements (26 Stat. L., 

1095) 47 

requirements, desert land entries, decision 49 

reservoir, fishing privileges, decision 57 

rights of way, decisions 56-57 

subsidiary uses (30 Stat. L. , 404) 53 

through public lands (26 Stat. L., 1095) 52-53 

Judiciary appropriation, liability for expenses of arrests, prisoners, etc., deci- 
sions 79, 80 

Jurisdiction, antiquities, ruins, etc 13 

forest reserve (36 Stat. L., 961) 11 

State (30 Stat. L., 11) 7 

Kansas National Forest, note 9 

Kidding charges, National Forests, authority to collect, decision 63 

ICinkaid Act, cultivation requirements excepted 25 

Labor, construction of telephone lines, decision 80 

Laboratories, forest, supplies, equipment, etc., appropriations, 1912 77, 78 

Lambing charges. National Forests, authority to collect, decision 63 

Land, abandoned, reverts to United States 23, 25 

claims procedure (39 L. D., 374, 436, 446, 458) 18-21 

Department, action on electric power rights of way 57 

jurisdiction after purchase, decision 45 

powers and duties, decisions 38 

entries, limitations of acreage 23, 26 

laws, limitation of acres, list of statutes 49 

Office, General, authority and duties of Commissioner in regard to coal 

and desert lands (R. S., 2351; 19 Stat. L.,377) 43 

officers, action in claims to land in National Forests (39 L. D. , 374) 20 

procedure in land-claims cases, instructions for (39 L. D. , 458) . . . 18-19 
purchased, jurisdiction of Land Department after final payment, decision 45 

purchases, forest reservation, report to Congress (36 Stat. L., 961) 10 

sales, duty of register of land office (20 Stat. L., 89) 44-45 

unreserved. National Forests, law governing (20 Stat. L., 88) 64 

Lands, agricultural, listing, decisions 32 

National Forests, provision for homestead entry (34 Stat. 

L., 233) 30-33 

segregation, authority of Secretary of Agriculture (37 Stat. 
L.,269) 32 



90 INDEX. 

Page. 

Lands, breaking inclosures, Btock trespassing, etc. , penalties 67-68 

claims, homestead, agricultural, etc., provisions for 18-59 

donations to State, exemption from entry under mining laws (27 Stat. 

L.,458) 36 

fencing, laws governing (23 Stat. L., 321) 65-67 

forest, exchange 9 

See also Lien. 
forest reserve, administration, and division into specific National Forests 

(36 Stat. L., 961) 11 

listed, remain in forests until patented 32 

mineral, reservation (R. S. , 2318) 33 

not subject to homestead entry, decisions 27-28 

ownership and control by Federal Government (Light i;. IJ. S., 220 U. S., 

523) 5 

producing natural timber not desert, decision 49 

purchase for protection of navigable streams (36 Stat. L., 961) 10-12 

reserves to maintain navigation (36 Stat. L. , 961) 10 

removal of sand and gravel, decision 75 

reservation for forests, Executive order as against right to purchase, de- 
cision 45 

school. See School lands. 

timber and stone, contract sale before final proof violation of law, de- 
cision 45 

title, cooperation of Secretary of Agriculture and Attorney General to 

secure (36 Stat. L., 961) 11 

withdrawals, act to authorize (36 Stat. L., 847) 8-9 

by President (36 Stat. L., 847) 8-9 

withdrawn by President, power permits, procedure, decision 57 

Lantern slides, forest reserve, sale (34 Stat. L., 1256) 17 

Law books, purchase, appropriation, ] 912 (37 Stat. L., 269) 77 

"Lawful filing" selections for exceptions from National Forests, decision 51 

Leasing lands adjacent to mineral springs, power of Secretary of Interior (30 

Stat. L., 908) 41 

Leaves, absence (35 Stat. L., 251) 15 

Lieu selections, approval of application date of perfected selection, decision.. . 50 

for school lands, decisions 50, 71 

repeal of act of 1897 (33 Stat. L., 1254) 50 

timber cutting, prohibition 71 

unmarked, no bar to adverse settlement claims, decision 50 

Liquor, selling on mining claim 37 

Lode claims. See Mining Claims. 

defined, decision 39 

Logs, cabin, sale 17 

Mallein test, payment for, not authorized 18 

Map, railroad route, filing, no vested right acquired, decision 56 

right of way, approval, status 57 

Maps, canal construction through public lands, filing (26 Stat. L., 1095) 53 

forest reserve, sale (34 Stat. L., 1256) 17 

railway lines, filing (18 Stat. L., 482) 52 

Married woman, homestead entry 23, 27 

Medical examinations, employees' compensation (35 Stat. L., 556) 16 

Medicinal waters, control 8 

Michigan, National Forests, exchange of lands 9 

Mill sites, patents, requirements (R. S., 2337) 36 

decisions 41 

Mineral exploration and acquisition, privileges on lands withdrawn (36 Stat. L., 

847) 8 

land, reservation (R. S., 2318) 33 

lands, land oflScers' duties regarding timber cutting (20 Stat. L., 88). . 64-65 

patent, procedure for obtaining (R. S., 2325) 24-25 

railroad grant, status, decision 50 

Bale(R. S.,2319) 33 

segregated in subdivision, homestead rights to small areas (R. S., 

2331) 36 

timber cutting, decisions 69 

trespass penalties, etc. (20 Stat. L., 88) 64-65 



INDEX. 91 

Page. 
Mineral springs, authority of Secretary of Interior to rent or lease (30 Stat. L., 

908) 41 

waters, control 8, 41 

Minerals, reservation to owner selling land for forest reserve (36 Stat. L., 961). . 11 

Miners, right to make regulations (R. S., 2324) 34 

Mines, claimant, requirements (R. S., 2325) 34-35 

locators' rights (R. S., 2322) 33-34 

See also Mining. 

Miniag claims, annual labor, requirements (R. S. 2324) 34 

conflicting, determination, decision 40 

description, conformity to patented claims, etc. (R. S., 2327).. 35 

discovery, requirements for entry, decisions 38-40 

electric rights of way over lands 57 

entry for foreign uses, decisions 38 

expenditures required to secure patent, decision 40-41 

improvements, requirements, etc., decisions 40-41 

limitation of area (R. S., 2320, 2322) 33-34 

liquor selling on 37 

marking boundaries (R. S., 2323) 34 

procedure for obtaining patent (R. S., 2325) 24-25 

records, requirements (R. S., 2323) 34 

rights of owners, decisions under mining laws 37-38 

shares of delinquent co-owners, disposal (R. S., 2324) 34 

timber-cutting rights, decisions 70 

laws affecting Forest Service work 33-37 

and administrative sites. National Forests 58 

Black Hills Forest Reserve, limitation of homestead entry 31 

decisions under 37-41 

plants, rights of way in forest reserves (33 Stat. L., 628) 54 

purposes, electric power rights of way, decisions 57 

Minnesota National Forest, timber-sale provisions (35 Stat. L., 268) 9, 60 

Minors, homestead claims (R. S., 2292) 22 

Moneys, withholding, timber trespass case, decision 79 

Montana, desert-land laws 46-49 

forest reserves changes, control (34 Stat. L., 1256) 5 

_ increase forbidden (36 Stat. L., 847) 9 

school lands in National Forests, status, decision 49 

Monuments, National Forests, depredations, decision, penalties, etc 75 

See also Antiquities. 

National Forest Reservation Commission, appointment and duties (36 Stat L., 

961) 10 

expenses, provision and limitation 

(36 Stat. L., 961) 12 

report to Congress (36 Stat. L., 961). 10 

Forests, appropriations, 1912 78 

establishment in protection of stream watersheds (36 Stat. L., 

961) 11 

See also Forests, National. 

parks, rights of way for irrigation may be withlield 57 

Navigable streams, protection of watersheds, cooperation of States in (37 Stat. 

L.,269) 12 

Navigation, streams, maintenance 8, 10 

Nebraska National Forest, authority of Secretary of Agriculture to furnish free 

trees from nurseries (37 Stat. L., 269) 61 

Nevada, desert-land laws 46-49 

New Mexico, desert-land laws 46-49 

.school lands in National Forests, status, decision 50 

North Dakota, desert-land law 46-49 

school lands in National Forests, status, decision 49 

Northern Pacific Railway, selections for exceptions from National Forests a 

"lawful filing," decision 51 

imclassified odd sections within primary limit, de- 
cision 50 

Nurseries, forest, maintenance, appropriations, 1912 78 

Nursery stock, Secretary of Agricultxire authorized to furnish (37 Stat. L., 269) . . 61 



92 INDEX. 

Pagei. 

Oaths, administration, officers authorized, etc 69 

false, homestead entries, amount to perjury 23 

Occupancy and use, control in forest reserve (U. S. 'j;."Grimaud, 220 U. S., 506) . 6 

Officers, authority to administer oaths 69 

forest, duties in arrests and prosecutions 18 

selection (33 Stat. L., 628) 14 

Government, expenses as witnesses, decisions 79, 80 

Official, special, for accident reports (35 Stat. L., 556) 16 

Oil lands, entry and patents under mining laws (29 Stat. L., 526) 37 

Olympic National Forest, excepting clause, land entries, decision 30 

Onyx deposits, requirements for entry as mining claim, decision., 39 

Operation, decisions , 17-18 

forest reserve 14-18 

Oregon Caves, injuring or defacing, penalty 75 

desert-land laws 46-49 

forest reserve changes, control (34 Stat. L. , 1256) 5 

reserves, increase forbidden (36 Stat. L. , 847) 9 

National Forests, note 9 

Parks, National, protection, procediu-e (33 Stat. L., 700) 68-69 

Patent, homestead entry, regulations 22, 24 

issues, desert lands, requirements (19 Stat. L., 377; 26 Stat. L., 1095). 46, 47, 48 

land, cancellation for fraud, requirements, decision 46 

mineral lands, procedure for obtaining (R. S . , 2325) 34-35 

Patents, land, suits to vacate (26 Stat. L., 1093) 26 

mineral lands, evidence for establishment, etc. (R. S., 2332, 2337). . . 36 

mining claims, conformity to survey (R. S. , 2327) 35 

requirements, decision 40-41 

nonmineral lands, requirements (R. S. , 2337) 36 

subject to vested water rights (R. S. , 2340) 52 

surface, on coal lands (35 Stat. L., 844) 43 

Paulina National Forest, note 9 

Penalty, defacing or injuring caves in Oregon 75 

embezzlement of United States property 68 

false swearing, in purchase of timber or stone lands (20 Stat. L., 89, sec. 2) 44 

fire and depredation (30 Stat. L. , 11) 6 

See also offense for which penalty is provided. 
Per diem allowance in lieu of subsistence and traveling expenses (37 Stat. L., 

269) 76 

Perjury, affidavit of settlement, forest-reserve lands, decision 75 

penalty 68 

Permits, examination of antiquities, ruins, etc 13 

exploration, examination by field officer in charge 14 

limitations and extension of time 13 

termination at discretion 13 

Personating United States officials or employees, penalty 68 

Personnel, laws affecting 14-16 

Petroleum lands, entry and patents under mining laws (29 Stat. L., 526) 37 

Photographs, forest reserve, sale (34 Stat. L. , 1256) 17 

Physician's certificate, requirement in compensation for injury (35 Stat. L., 556) 16 

Placer claim not perfected for first owner after transfer, decision 40 

claims, conformity to surveys, etc. (R. S., 2331) 36 

location, right of investigation by Land Department, decision. . . 40 

patents, procedure for obtaining (R. S. , 2329) 35-36 

subdivisions, limitation of area, etc. (R. S., 2329, 2330, 2331) 35, 36 

Plants, trees, etc., imports, free (36 Stat. L., 11) 61 

Power permit on land withdrawn by the President, decision 57 

mining claim 38 

plants, right of way (29 Stat. L. , 120) 53 

sites, withdrawal for lieu selections, decision 50 

from raihoad rights of way, decision 56 

President, authority for preservation of American antiquities (34 Stat. L. , 225) . . 12 

to aefeat selection of school lands by State, decision 50 

destroy unlawful inclosures on public lands (23 Stat. L., 

321) 67 

make withdrawals of public lands (36 Stat. L. , 847) 8 

order reserving lands for forests, effect on purchase, decision 45 

power to change Executive orders on National Forests (30 Stat. L . . 11 ) . 5 



INDEX. 93 

Page. 

Prisoners' support, appropriation liable for, decisions 79, 80 

Proof, desert-land entries, extensionof time, conditions (35 Stat. L., 52) 48-49 

irrigation requirements, decision 49 

failure to submit at fixed time, decision 45 

land entries, extension of time limit by Secretary of Interior 49 

Property, forest reserve, legal provisions affecting 16-17 

Government, sale 17 

public, malicious destruction, penalty 68 

Prosecution, duty of forest ofiicer, limitation 18 

Prospecting, limitations (30 Stat. L., 11) 7 

Protest, definition in land claims 30 

Pulp wood, exportation from Alaska (33 Stat. L. , 628) 60 

Purchase of timber and stone lands, individual examination required, decision. . 46 

Purchaser of land, right of domain and alienation, decision 46 

Race, no distinction in homestead claims (R. S. , 2302) 24 

Railroad lands, timber cutting, rights, decisions 70 

right of way, decisions 56 

status on National Forest 6 

Railroad-grant lands, decisions 50-51 

within primary limit not part of National Forests, decision . 50 

Railroads, construction necessary to complete right of way, decisions 56 

right of way in Alaska (30 Stat. L., 409) 55 

power of Secretary of Interior (30 Stat. L., 1214) 51 

through public lands (18 Stat. L. , 482) 51 

through National reservations, right of way (18 Stat. L., 482) 52 

time limits for completion (18 Stat. L., 482) 52 

Railway-station sites, use of public lands (18 Stat. L. , 482) 51 

Range investigations, appropriations, 1912 (37 Stat. L., 269) 78 

Ranger stations, appropriations, 1912, limitations, etc. (37 Stat. L., 269) 77, 80 

Rangers, forest, exemption from road service 18 

horses, mallein test, payment of cost 18 

Receipts, forest, 25 per cent to States and Territories (34 Stat L., 251) 75 

Receivers, procedure in land-claim cases, instructions for (39 L. D., 458) 18-19 

Reclamation act, cultivation requirements excepted 25 

Service, free use of timber and stone, National Forests (33 Stat. L., 

706) 59 

Reforestation expenses, appropriation, 1912, and decision 78, 81 

Refund, abandoned timber-sale contract, decision 61 

Refunds, decisions 81-82 

to cooperative contributors (34 Stat. L., 669) 76 

depositors using forest resources, etc. (34 Stat. L., 1256; 36 Stat. 

L., 1235) 76-77 

Registers, procedure in land-claim cases, instructions for (39 L. D., 458) 18-19 

Relinquishments, homestead entries, references 27 

Reservations, National, right of way for railroads (18 Stat. L., 482) 52 

See also Forest reserves. 
Reserves. See Forest reserves. 
Reservoirs, construction, compensation for injury to private rights (26 Stat. L., 

1095) 53 

Residence, homestead entries, decisions 29 

Revenues, forest, covered into Treasury (34 Stat. L., 1256) 76 

status of damages recovered in trespass cases, decision 79 

Right of way, Alaska. Railroads, tramroads, and wagon roads, reference 55 

as outlet for National forest timbers, provision for, decision 55 

decisions 55-58 

electric power, decision 57 

for Government uses, decisions 55 

irrigation 52, 53, 56-57 

railroads, width (18 Stat. L., 482) 51 

laws 51-55 

special legislation granting, list of statutes 55 

telegraph line. National Forest lands excepted, decision 58 

through National reservations, licenses revocable (31 Stat. L., 

790) 54 

timber and stone lands (20 Stat. L., 89) 44 

water, status. (R. S. 2339.) 



94 INDEX. 

Page. 

Road, county, cooperation of Agriculture Secretary in construction 17 

systems, State, cooperation with (37 Stat. L., 269) 17 

Roads, appropriation from forest reserve receipts (37 Stat. L., 269) 17 

construction, authorization and appropriation, 1912 77, 78, 79, 80 

on unsurveyed public lands, operates as right of way, 

decision 55 

on mining claim not available to meet requirements for patent, deci- 
sion 41 

right of way in Alaska (30 Stat. L., 1409) 55 

power of Secretary of Interior (30 Stat. L., 1214) 51 

work, exemption of forest rangers 18 

Robbery, United States property, penalty 68 

Ruins, etc . , permits for examination, excavation, etc 13 

Sailors, homestead claims, special provisions 22, 24 

Sale, timber. See Timber sale. 

Saline lands, subject to mining laws (31 Stat. L., 745) 36 

springs, control 8 

Salt deposits, patents, requirements (31 Stat. L., 745) 36 

San Francisco Mountains Forest Reserve, relinquished entry, decision 30 

Juan National Forest, note 9 

Sand, removal from public lands, decision 75 

School funds, use of fines from fire trespasses (36 Stat. L., 1099) 65 

lands, decisions 49-50, 71 

exemption from entry under mining laws (27 Stat. L., 548) 36 

New Mexico, administration by Forest Service, decision 50 

selection by State nullified by President's order, decision 50 

Schools, public, maintenance in forest reserve, permission (30 Stat. L., 11) 7 

share in receipts from National Forests 11, 75 

Secretary of Agriculture, Interior, etc. See Agriculture, Secretary; Interior, 
Secretary, etc. 

Seed purchase for forest planting, appropriation, 1912 78 

Seizures, antiquities, authorization 14 

Sequoia National Park, rights of way for public uses, permissive (31 Stat. L., 

790) 53-54 

Settlement claim selected by railway company, decision 51 

rights, time for filing (21 Stat. L., 140) 25 

Settlers on forest lands prior to Jan. 1, 1906, additional entry right 31 

pri^-ileges on forest reserves 7 

protection from location of forest reserve constructions (37 Stat. L. , 269) . 7, 17 

rights on lands withdrawn (36 Stat. L., 847) 8 

Shoshone National Forests, homestead laws 27 

Siletz Indian Reservation, homesteads, references 27 

Silviculture, laws relating to (31 Stat. L., 661) 59-62 

Slate deposits, requirements for entry as mining claim, decision 39 

Smithsonian Institution, relation to exploration of antiquities, ruins, etc 13 

Secretary, authority over collections of antiquities. . . 14 

Soldiers, homestead claims, special provisions 22, 24 

Solicitor, action in claims to land in National Forests (39 L. D., 374) 20 

South Dakota counties excepted in homestead entries 31, 32 

desert-land laws 46-49 

school lands in National Forests, status, decision 49 

Special agent, instruction for land claims 18-19 

Special-use permits, refunds, decisions 82 

Squatters on imsurveyed lands, decisions 28-29 

Stanislaus National Forest, notes 9 

State jurisdiction, civil and criminal (30 Stat. L., 11) 7 

legislature, consent to sale of lands, requirement (36 Stat. L., 961) 10 

States, authority for conservation of forests and water supply (36 Stat. L., 961). 10 
cooperation for protection of watersheds of navigable streams (36 Stat. 

L., 961; 37 Stat. L., 269) 10-12 

in building roads and trails (37 Stat. L. , 269) 17 

jurisdiction in National Forests (36 Stat. L. , 961) 11 

share of forest receipts, paid by Secretary of Treasury 11, 75 

Station expenses, appropriations, 1912 77-79 

Stations, ranger, appropriations, 1912, limitations, etc. (37 Stat. L., 269) 77, 80 

Stock, trespassing on public lands, etc., penalties 67-6§ 



INDEX. 95 

Page. 

Stolen property, receiving, penalty 68 

Stone, building, land entry under placer mining laws (27 Stat. L , 548) 36 

free use by U. S. Reclamation Service (33 Stat. L., 706) 59 

limitations (30 Stat. L., 11) 7 

lands, sale, laws (20 Stat. L., 89) 44-45 

Stores, location on railroad right of way, legalizing occupancy 56 

Stream gangers, cooperative work, salaries, decision 80 

Streams, navigability, preservation (36 Stat. L. , 961) 10 

navigable, protection of watersheds (36 Stat. L., 961) 10-12 

navigation rights, note 8 

Street-car fares, allowance in transaction of official business (37 Stat. L., 269).. 76 

Sundry civil appropriation act, 1890, extract 52 

1897, extracts (30 Stat. L., 11) 5, 6-8 

1912, extract (37 Stat. L., 455) 25 

Supervisors, forest, commutation of leave not authorized 18 

Supplies, contract prices, decision 81 

Survey corners, Government, destroying, penalty 68 

Surveys, agricultural lands in forests, by Forest Service (32 Stat. L., 269) 32 

Swearing, false, homestead entries, amounts to perjury 23 

Telegraph lines, right of way, exception of National Forest lands, decision 58 

through National reservations, permissive (31 

Stat. L., 790) 53-54 

Telephone line, construction over patented land, consent of land owner re- 
quired, decision 55 

cooperative construction, legal agreement 17 

grant of free timber forbidden 17 

lines, construction appropriation, 1912, and decision 78, 80 

Forest Service, construction over public lands, no prior reser- 
vation required, decision 55 

cutting, decision, penalties, etc 75 

right of wav through National reservations, permissive (31 

Stat. L., 790) 53-54 

Territories, share of forest receipts, paid by Secretary of Treasury (Stat. L., 

251) 34, 75 

Timber and stone lands, canceled entries, decision 46 

cutting and removal, forest reservations (31 Stat. L., 661) 60 

from unapproved selections of railroad grant lands unlawful, 

decision 51 

public lands, decisions 69-71 

supervision required (30 Stat. L., 11) 7 

dead and down, National Forests, sale to farmers, etc., at cost, author- 
ization (37 Stat. L., 269) 60 

insect-infested, exportations from National Forests (34 Stat. 

L., 1256) 60 

fire-killed and insect-infested, sale decisions 62 

free grant to telephone line forbidden 17 

use by settlers on forest reservations (31 Stat. L., 661) 60 

United States Reclamation Service (33 Stat., L., 706) 59 

limitations (30 Stat. L., 11) 7 

land, reservation as National Forests (26 Stat. L., 1095) 5 

lands, purchase from entryman, decision 46 

sale, laws (20 Stat. L., 89) 44-45 

preservation of existing claims (20 Stat. L., 89) 44 

mineral districts, cutting allowed (20 Stat. L., 88) 64, 69 

protection and use, purpose of forest reservation (30 Stat. L., 11) 6 

public lands, cutting and removal (36 Stat. L., 1098) 63-64 

use for agricultural and other purposes (26 Stat. L., 1093; 

27 Stat. L., 444; 31 Stat. L., 1436) 65 

reservation to owner selling lands for forest reserve (36 Stat. L., 961). . . 11 

sale, provisions for (30 Stat. L., 11) 6 

regulations (30 Stat. L., 11) 6 

sales, advertisement by Secretary of Interior (31 Stat. L., 661) 59 

California forest reserves, laws (34 Stat. L., 669) 60 

emergency, on forest reservations (31 Stat. L., 661) 59 

Minnesota National Forest, laws (35 Stat. L., 268) 60 

private, on forest reservations (31 Stat. L., 661) 59 



96 INDEX. 

Page. 

Timber sales, refunds, decisions 81-82 

selling from mining claims, decisions 37, 38 

testing and treatment, appropriation, 1912 77, 78 

trespass act, 1878, extract (20 Stat. L., 88) 64 

1888, extract (25 Stat. L., 166) 64 

1891, extract (26 Stat. L., 1093) 65 

1897, extract (30 Stat. L., 11) 64 

criminal code act, 1909, extract (36 Stat. L., 1088, 1098) 63-64 

public lands, laws governing 63-65 

penalty (25 Stat. L., 166) 64 

use and sale, authorization, appropriation act, 1912 (37 Stat. L., 269). . . 77 

Timber-culture laws, amendment, act, 1891 (26 Stat. L., 1093) 26 

repeal, notes (26 Stat. L., 1095) 5 

Timber-sale act, 1897, extract (30 Stat. L., 11, 35) 59 

contracts, decisions applicable 61-62 

Town sites, National Forests, provisions for (R. S. 2286, 2380-2394) 58 

Trails, appropriation from forest reserve receipts (37 Stat. L., 269) 17 

department, to National Forests, obstruction, decision, penalties, etc. . 75 

Tramroads, rights of way in Alaska (30 Stat. L., 409) 55 

Transmission lines, National Forests, 50-year easements, decision. Attorney 

General 58 

Transportation, horses of employees, appropriation liable for, decision 80 

of effects, appropriations 76, 77 -, 

Traveling expenses, appropriations, 1911 and 1912 76, 77, 78fll 

Treasury, Secretary, payment of 25 per cent of forest receipts to States and ^< 

Territories (34 Stat. L., 251) 75 

requirement to pay receipts from National Forests to 

States for schools and roads (36 Stat. L., 961) 11 

Trees, young, Secretary of Agriculture authorized to furnish from forest nur- 
series (37 Stat. L., 269) 61 

Trespass cases, refunds, decisions 82 

forest reserves, settlement before entry 32 

judgments recovered, status of funds, decision 79 

Trespasses, decisions, penalties, etc 69-75 .. ^ 

fire, decisions, penalties, etc 71-72«iB | 

grazing, decisions, penalties, etc 72-75^P 

innocent and willful, decisions, penalties, etc 71 

miscellaneous, against the United States, decisions, penalties, 

etc 67-68,75 

public lands, laws governing 63-75 

Tunnel sites, rights of owner (R. S. 2323).. 34 » 

Turpentine, cutting trees on public lands for, penalty (36 Stat. L., 1098) ^^fll 

Uinta National Forest, note 9 

Utah, desert-land laws 46-49 

Vein claims. See Mining claims. 

defined, decision 39 

Violations of law, arrests, expenses, appropriations liable for, decisions 79, 80 

Wagon roads, right of way, power of Secretary of Interior (30 Stat. L., 1214). . . 51 

War, Secretary, jurisdiction, etc., over ruins and other American antiquities. . 13 

member of Forest Reservation Commission 10 

Washington, desert-land laws 46-49 

forest reserve changes, control (34 Stat. L., 1256) 5 

increase forbidden (36 Stat. L., 847) 9 

school lands in National Forests, status, decision 49 

Water conduits, rights of way tlirough National reservations permissive (31 Stat. 

L., 790) _. 53-54 

for irrigation, rights prior to purchase of desert land, requirements (19 

Stat. L., 377).!...... ..^ 46 

power, withdrawal after sale illegal, decision 45 

requii'ements for desert-land entries (19 Stat. L., 377) 46 

rights of way, indi\ddual use, etc., status (R. S., 2339) 52 

on administrative sites 58 

supply, conservation by States (36 Stat. L., 961) 10 



INDEX. 97 

Page. 

Waters, control aud use, notes 8 

mineral, control by Interior Department (30 Stat. L., 908) 41-42 

Secretary of Agriculture, decision 41 

property rights of United States 8 

Watersheds, navigable streams, cooperation of States (37 Stat. L., 269) 12 

protection (36 Stat. L., 961) 10-12 

Weapons, concealed, permission for forest officers to carry 18 

Weeks' forestry law, su])ervision in District of Columbia, payment, decision. . . 79 

Wichita game refuge, authorization (33 Stat. L., 614) 14 

Widows, employees', compensation for loss (35 Stat. L., 556) 15 

homestead claims (R. S., 2291; 26 L. D., 436) 22,24,28 

Wire, contract price, decision 81 

Withdrawals, public land, authority of President 8 

Witnesses, Government officers, payment of expenses, decision 79 

Women, married, free homesteads opened to settlement 26 

Wood distillation, investigations, appropriation, 1912 78 

pulp, exportation from Alaska (33 Stat. L., 628) 60 

Wyoming, desert-land laws ^ 46-49 

forest reserve changes, control (34 Stat. L., 1256) 5 

increase forbidden (36 Stat. L., 847 ) 9 

Yosemite National Park, rights of wav for public uses permissive (31 Stat. L., 

790) : 53-54 

Zuni National Forest, notes 9 

66777°— 13 7 

o 



LENly'i3 



<=^^z 



